42 CFR Subpart K
Indian Child Protection and Family Violence Prevention
June 11, 2020
§
136.401
Purpose
§
136.402
Policy
§
136.403
Definitions
§
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?
§
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?
§
136.406
Under what circumstances will the minimum standards of character be considered to be met?
§
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?
§
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?
§
136.409
What positions require a background investigation and determination of eligibility for employment or retention?
§
136.410
Who conducts the background investigation and prepares determinations of eligibility for employment?
§
136.411
Are the requirements for IHS adjudication different from the requirements for Indian Tribes and Tribal organizations?
§
136.412
What questions must the IHS ask as part of the background investigation?
§
136.413
What protections must the IHS and Tribes or Tribal organizations provide to individuals undergoing a background investigation?
§
136.414
How does the IHS determine eligibility for placement or retention of individuals in positions involving regular contact with Indian children?
§
136.415
What rights does an individual have during this process?
§
136.416
When should the IHS deny employment or dismiss an employee?
§
136.417
May the IHS hire individuals pending completion of a background investigation?
§
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?