§ 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?

Terms Used In CFR > Title 42 > Chapter I > Subchapter M > Part 136 > Subpart K - Indian Child Protection and Family Violence Prevention

  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trustee: A person or institution holding and administering property in trust.