§ 3206. — Waiver of parental consent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3206]
TITLE 25--INDIANS
CHAPTER 34--INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
Sec. 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.
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\1\ So in original. Probably should be ``advice''.
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(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.
(Pub. L. 101-630, title IV, Sec. 407, Nov. 28, 1990, 104 Stat. 4550;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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.
