§ 2452. — Medical assessment and treatment of juvenile offenders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2452]
TITLE 25--INDIANS
CHAPTER 26--INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
SUBCHAPTER V--BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT
Sec. 2452. Medical assessment and treatment of juvenile
offenders
(a) Development and implementation of procedures
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 \1\ agency and Indian
Health 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--
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\1\ So in original. Probably should be ``Affairs''.
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(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) Treatment of certain committed youth
The Indian Health Service shall not refuse to provide necessary
interim treatment for any Indian youth referred pursuant to subsection
(a) of this section 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.
(Pub. L. 99-570, title IV, Sec. 4219, Oct. 27, 1986, 100 Stat. 3207-147;
Pub. L. 100-690, title II, Sec. 2210, Nov. 18, 1988, 102 Stat. 4219.)
Amendments
1988--Pub. L. 100-690 designated existing provisions as subsec. (a)
and added subsec. (b).
