Waiver of parental consent

U.S.C. Title 25 - INDIANS 25 U.S.C. United States Code, 2023 Edition Title 25 - INDIANS CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION Sec. 3206 - Waiver of parental consent From the U.S. Government Publishing Office, www.gpo.gov

§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 judge 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; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

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.

1 So in original. Probably should be "advice".