§2452 — Title 25 Indians | U.S. Code

Summary

Agreements made under section 2411 must require each Bureau of Indian Affairs office and each Indian Health Service unit to set up and use a procedure to give emergency medical checks and care to any Indian youth who is arrested or held by BIA or tribal police for an alcohol- or drug-related offense. The medical check must figure out the youth’s mental and physical condition so steps can be taken to protect their health. It must happen as soon as possible after arrest or detention and be provided by the Indian Health Service, directly or through a contractor. The Indian Health Service cannot refuse needed temporary treatment for a referred youth who is charged or being prosecuted unless a court with proper authority forbids the referral or finds the youth dangerous to others.

Title 25, §2452

Indians — Source: USLM XML via OLRC

(a)The Memorandum of Agreement entered into pursuant to section 2411 of this title shall include a specific provision for the development and implementation at each Bureau of Indian Affair 11 So in original. Probably should be “Affairs”. agency and Indian Health Service 22 So in original. Probably should be followed by “service”. unit of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or detained by Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection—

(1)shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual’s health and well-being,

(2)shall occur as soon as possible after the arrest or detention of an Indian youth, and

(3)shall be provided by the Indian Health Service, either through its direct or contract health service.

(b)The Indian Health Service shall not refuse to provide necessary interim treatment for any Indian youth referred pursuant to subsection (a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the youth is determined by a court of competent jurisdiction to be a danger to others.

Editorial Notes

Amendments

1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).

§2452 Medical Assessment and Treatment of Juvenile Offenders

Summary

Title 25, §2452

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata