Page 663 TITLE 25—INDIANS § 3208

1So in original. Probably should be ‘‘advice’’.

§ 3206. Waiver of parental consent

(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,1 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 or United

States District Court may issue an order enforcing any provision of this section.

(Pub. L. 101–630, title IV, §407, Nov. 28, 1990, 104

Stat. 4550.)

§ 3207. Character investigations

(a) By Secretary of the Interior and Secretary of

Health and Human Services

The Secretary and the Secretary of Health and

Human Services shall—

(1) compile a list of all authorized positions

within their respective departments the duties

and responsibilities of which involve regular

contact with, or control over, Indian children,

(2) conduct an investigation of the character

of each individual who is employed, or is being

considered for employment, by the respective

Secretary in a position listed pursuant to

paragraph (1), and

(3) prescribe by regulations minimum standards of character that each of such individuals

must meet to be appointed to such positions.

(b) Criminal records

The minimum standards of character that are

to be prescribed under this section shall ensure

that none of the individuals appointed to positions described in subsection (a) of this section

have been found guilty of, or entered a plea of

nolo contendere or guilty to, any offense under

Federal, State, or tribal law involving crimes of

violence; sexual assault, molestation, exploitation, contact or prostitution; or crimes

against persons.

(c) Investigations by Indian tribes and tribal organizations

Each Indian tribe or tribal organization that

receives funds under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450

et seq.] or the Tribally Controlled Schools Act

of 1988 [25 U.S.C. 2501 et seq.] shall—

(1) conduct an investigation of the character

of each individual who is employed, or is being

considered for employment, by such tribe or

tribal organization in a position that involves

regular contact with, or control over, Indian

children, and

(2) employ individuals in those positions

only if the individuals meet standards of character, no less stringent than those prescribed

under subsection (a) of this section, as the Indian tribe or tribal organization shall establish.

(Pub. L. 101–630, title IV, §408, Nov. 28, 1990, 104

Stat. 4551.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c), is Pub. L. 93–638,

Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 450 of this title and Tables.

The Tribally Controlled Schools Act of 1988, referred

to in subsec. (c), is part B (§§5201–5212) of title V of Pub.

L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified

generally to chapter 27 (§2501 et seq.) of this title. For

complete classification of this Act to the Code, see

Short Title note set out under section 2501 of this title

and Tables.

§ 3208. Indian Child Abuse Treatment Grant Program

(a) Establishment

The Secretary of Health and Human Services,

acting through the Service and in cooperation

with the Bureau, shall establish an Indian Child

Abuse Treatment Grant Program that provides

grants to any Indian tribe or intertribal consortium for the establishment on Indian reservations of treatment programs for Indians who

have been victims of child sexual abuse.

(b) Grant applications

(1) Any Indian tribe or intertribal consortium

may submit to the Secretary of Health and

Human Services an application for a grant under

subsection (a) of this section.

(2) Any application submitted under paragraph

(1)—

(A) shall be in such form as the Secretary of

Health and Human Services may prescribe;

(B) shall be submitted to such Secretary on

or before the date designated by such Secretary; and

(C) shall specify—

(i) the nature of the program proposed by

the applicant,

(ii) the data and information on which the

program is based,