Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Waiver of parental consent25 U.S.C. § 3206

Related: Indian Child Protection and Family Violence Prevention Act · Indian Child Welfare Act · United States Code, 2024 edition

0 opinions cite 25 U.S.C. § 3206

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DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

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(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, 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.

Source. (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.)