Title 25, IndiansRelease 119-110
§3206 Waiver of Parental Consent
Title 25 › CHAPTER 34 — INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION › § 3206
Summary
Local police or child-protective workers can have an Indian child in Indian country photographed, x‑rayed, medically or psychologically examined, or interviewed without the parent or guardian's consent if they suspect the child was abused. These actions must try to avoid more trauma and, if possible, involve a multidisciplinary team under sections 3210 or 3209. A federal magistrate or U.S. District Court may enforce this when there is reasonable suspicion.
Full Legal Text
Title 25, §3206
Indians, Source: USLM XML via OLRC
(a)Examinations and interviews
Photographs, x-rays, medical examinations, psychological examinations, and interviews of an Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse.
(b)Interviews by law enforcement and child protective services officials
In any case in which officials of the local law enforcement agency or local child protective services agency have reason to believe that an Indian child has been subject to abuse in Indian country, the officials of those agencies shall be allowed to interview the child without first obtaining the consent of the parent, guardian, or legal custodian.
(c)Protection of child
Examinations and interviews of a child who may have been the subject of abuse shall be conducted under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time permits, shall be conducted with the advise, or under the guidance, of a local multidisciplinary team established pursuant to section 3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title.
(d)Court orders
Upon a finding of reasonable suspicion that an Indian child has been the subject of abuse in Indian country, a Federal magistrate judge or United States District Court may issue an order enforcing any provision of this section.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Change of Name
“Federal magistrate judge” substituted for “Federal magistrate” in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Reference
Citations & Metadata
Citation
25 U.S.C. § 3206
Title 25, Indians
Last Updated
Sep 23, 2026
Release point: 119-110