Statutes, codes, and regulations
United States Code
Title 25 - INDIANSChapter 26 - INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT
Subchapter V - BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT
Section 2452 - Medical assessment and treatment of juvenile offenders

25 U.S.C. § 2452

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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 2 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-

(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) 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.

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

2 So in original. Probably should be followed by "service".

25 U.S.C. § 2452

Pub. L. 99-570, title IV, §4219, Oct. 27, 1986, 100 Stat. 3207-147; Pub. L. 100-690, title II, §2210, Nov. 18, 1988, 102 Stat. 4219.

EDITORIAL NOTES

AMENDMENTS1988- Pub. L. 100-690designated existing provisions as subsec. (a) and added subsec. (b).

agency
The term "agency" means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within a defined geographic area.