Title 42, The Public Health and WelfareRelease 119-102
§9852a Parental Consent Requirement for Nonemergency Intrusive Physical Examinations
Title 42 › CHAPTER 105 — COMMUNITY SERVICES PROGRAMS › SUBCHAPTER II — HEAD START PROGRAMS › § 9852a
Full Legal Text
Title 42, §9852a
The Public Health and Welfare, Source: USLM XML via OLRC
(a)The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—
(1)is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and
(2)requires incision or is otherwise invasive, or involves exposure of private body parts.
(b)A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.
(c)Nothing in this section shall be construed to prohibit agencies from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 9852a, Pub. L. 97–35, title VI, § 657A, as added Pub. L. 103–252, title I, § 123, May 18, 1994, 108 Stat. 650, related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727.
Reference
Citations & Metadata
Citation
42 U.S.C. § 9852a
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102