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25 U.S.C. § 3206

Waiver of parental consent

United States · Title 25 — INDIANS · Status: effective

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25 U.S.C. § 3206, Waiver of parental consent, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/461592
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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. 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. 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,11 So in original. Probably should be “advice”. 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. 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 101-630(H.R. 3703)1990-11-28
    To authorize the Rumsey Indian Rancheria to convey a certain parcel of land.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-650(H.R. 5316)1990-12-01
    Judicial Improvements Act of 1990
    House: 386–18Senate: no recorded tally