42 CFR Subpart K - Indian Child Protection and Family Violence Prevention

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  1. § 136.401 Purpose.
  2. § 136.402 Policy.
  3. § 136.403 Definitions.
  4. § 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?
  5. § 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?
  6. § 136.406 Under what circumstances will the minimum standards of character be considered to be met?
  7. § 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?
  8. § 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?
  9. § 136.409 What positions require a background investigation and determination of eligibility for employment or retention?
  10. § 136.410 Who conducts the background investigation and prepares determinations of eligibility for employment?
  11. § 136.411 Are the requirements for IHS adjudication different from the requirements for Indian Tribes and Tribal organizations?
  12. § 136.412 What questions must the IHS ask as part of the background investigation?
  13. § 136.413 What protections must the IHS and Tribes or Tribal organizations provide to individuals undergoing a background investigation?
  14. § 136.414 How does the IHS determine eligibility for placement or retention of individuals in positions involving regular contact with Indian children?
  15. § 136.415 What rights does an individual have during this process?
  16. § 136.416 When should the IHS deny employment or dismiss an employee?
  17. § 136.417 May the IHS hire individuals pending completion of a background investigation?
  18. § 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?
Source:
67 FR 59467, Sept. 23, 2002, unless otherwise noted.