§ 2452. Medical assessment and treatment of juvenile offenders

Statutory text

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—

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,

shall occur as soon as possible after the arrest or detention of an Indian youth, and

shall be provided by the Indian Health Service, either through its direct or contract health service.

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.

Footnotes

1 So in original. Probably should be “Affairs”.
2 So in original. Probably should be followed by “service”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1986
Anti-Drug Abuse Act of 1986
Pub. L. 99–570 title IV § 4219 · 100 Stat. 3207
Enacted · 25 U.S.C. § 2452
Pub. L. 99–570, title IV, § 4219, Oct. 27, 1986, 100 Stat. 3207–147
Source evidence
Code source credit
Pub. L. 99–570, title IV, § 4219, Oct. 27, 1986, 100 Stat. 3207–147
1988
Anti-Drug Abuse Act of 1988
Pub. L. 100–690 title II § 2210 · 102 Stat. 4181
1. Amended · 25 U.S.C. § 2452
  Pub. L. 100–690 designated existing provisions as subsec. (a)
2. Added · 25 U.S.C. § 2452
  Pub. L. 100–690 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).
Enacted provision · exact public law section
SEC. 2210. TREATMENT OF JUVENILE OFFENDERS. Section 4219 (25 U.S.C. 2452) is amended— (1) by inserting “(a)” before “The Memorandum”; and (2) by adding at the end thereof the following new subsection (b): “(b) Treatment of Certain Committed Youth.— The Indian Indians. 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.”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1986–1988 · 2 acts

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

Show as published

(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.)