Indian Child Protection and Family Violence Prevention

  1. Law
  2. CFR 42
  3. Public Health
  4. Public Health Service, Department of Health and Human Services
  5. Indian Health Service, Department of Health and Human Services
  6. Indian Health
  7. Indian Child Protection and Family Violence Prevention

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Section
136.401

Purpose.

Section
136.402

Policy.

Section
136.403

Definitions.

Section
136.404

What does the Indian Child Protection and Family Violence Prevention Act require of the IHS and Indian Tribes or Tribal organizations receiving funds under the ISDEA?

Section
136.405

What are the minimum standards of character for individuals placed in, or applying for, a position that involves regular contact with or control over Indian children?

Section
136.406

Under what circumstances will the minimum standards of character be considered to be met?

Section
136.407

Under what circumstances should a conviction, or plea of nolo contendere or guilty to, be considered if there has been a pardon, expungement, set aside, or other court order of the conviction or plea?

Section
136.408

What are other factors, in addition to the minimum standards of character, that may be considered in determining placement of an individual in a position that involves regular contact with or control over Indian children?

Section
136.409

What positions require a background investigation and determination of eligibility for employment or retention?

Section
136.410

Who conducts the background investigation and prepares determinations of eligibility for employment?

Section
136.411

Are the requirements for IHS adjudication different from the requirements for Indian Tribes and Tribal organizations?

Section
136.412

What questions must the IHS ask as part of the background investigation?

Section
136.413

What protections must the IHS and Tribes or Tribal organizations provide to individuals undergoing a background investigation?

Section
136.414

How does the IHS determine eligibility for placement or retention of individuals in positions involving regular contact with Indian children?

Section
136.415

What rights does an individual have during this process?

Section
136.416

When should the IHS deny employment or dismiss an employee?

Section
136.417

May the IHS hire individuals pending completion of a background investigation?

Section
136.418

What should the IHS do if an individual has been charged with an offense but the charge is pending or no disposition has been made by a court?