Indian Child Protection and Family Violence Prevention | Midpage

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Code of Federal Regulations

Subpart K

Indian Child Protection and Family Violence Prevention

136.401Purpose.136.402Policy.136.403Definitions.136.404What 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?136.405What 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?136.406Under what circumstances will the minimum standards of character be considered to be met?136.407Under 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?136.408What 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?136.409What positions require a background investigation and determination of eligibility for employment or retention?136.410Who conducts the background investigation and prepares determinations of eligibility for employment?136.411Are the requirements for IHS adjudication different from the requirements for Indian Tribes and Tribal organizations?136.412What questions must the IHS ask as part of the background investigation?136.413What protections must the IHS and Tribes or Tribal organizations provide to individuals undergoing a background investigation?136.414How does the IHS determine eligibility for placement or retention of individuals in positions involving regular contact with Indian children?136.415What rights does an individual have during this process?136.416When should the IHS deny employment or dismiss an employee?136.417May the IHS hire individuals pending completion of a background investigation?136.418What 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?