---
kind: "section"
citation: "25 U.S.C. § 2452"
title: "25"
title_heading: "Indians"
number: "2452"
heading: "Medical assessment and treatment of juvenile offenders"
release: "119-102"
url: "https://uscodex.org/usc/25/2452"
units:
  - "Chapter 26 — Indian Alcohol and Substance Abuse Prevention and Treatment"
  - "Subchapter V — Bureau of Indian Affairs Law Enforcement"
---

# §2452. Medical assessment and treatment of juvenile offenders

- (a) **Development and implementation of procedures—** The Memorandum of Agreement entered into pursuant to [section 2411 of this title](/usc/25/2411.md) shall include a specific provision for the development and implementation at each Bureau of [Indian](/usc/25/1934.md) Affair[^1] [agency](/usc/25/2403.md?p=1) and [Indian](/usc/25/1934.md) Health Service[^2] unit of a procedure for the emergency medical assessment and treatment of every [Indian](/usc/25/1934.md) [youth](/usc/25/2403.md?p=2) arrested or detained by Bureau of [Indian](/usc/25/1934.md) Affairs or tribal law enforcement personnel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection—
  - (1) shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual’s health and well-being,
  - (2) shall occur as soon as possible after the arrest or detention of an [Indian](/usc/25/1934.md) [youth](/usc/25/2403.md?p=2), and
  - (3) shall be provided by the [Indian](/usc/25/1934.md) Health Service, either through its direct or contract health service.
- (b) **Treatment of certain committed youth—** The [Indian](/usc/25/1934.md) Health Service shall not refuse to provide necessary interim treatment for any [Indian](/usc/25/1934.md) [youth](/usc/25/2403.md?p=2) referred pursuant to [subsection (a)](#a) who has been charged or is being prosecuted for any crime unless such referral is prohibited by a court of competent jurisdiction or the [youth](/usc/25/2403.md?p=2) is determined by a court of competent jurisdiction to be a danger to others.

## Footnotes

[^1]: So in original. Probably should be “Affairs”.
[^2]: So in original. Probably should be followed by “service”.

## Source credit

(Pub. L. 99–570, title IV, § 4219, Oct. 27, 1986, 100 Stat. 3207–147; Pub. L. 100–690, title II, § 2210, Nov. 18, 1988, 102 Stat. 4219.)

## Notes

### Editorial Notes

### Amendments

1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsec. (b).