25 U.S.C. § 3207: Character investigations

compile a list of all authorized positions within their respective departments the duties and responsibilities of which involve regular contact with, or control over, Indian children, conduct an investigation of the character of each individual who is employed, or is being considered for employment, by the respective Secretary in a position listed pursuant to paragraph (1), and prescribe by regulations minimum standards of character that each of such individuals must meet to be appointed to such positions. The minimum standards of character that are to be prescribed under this section shall ensure that none of the individuals appointed to positions described in subsection (a) have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under Federal, State, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. conduct an investigation of the character of each individual who is employed, or is being considered for employment, by such tribe or tribal organization in a position that involves regular contact with, or control over, Indian children, and employ individuals in those positions only if the individuals meet standards of character, no less stringent than those prescribed under subsection (a), as the Indian tribe or tribal organization shall establish. any individual 18 years of age or older; and any individual who the tribal social services agency determines is subject to a criminal records check under paragraph (2)(A). the parent or Indian custodian cannot have the child returned on demand; and parental rights have not been terminated; or parental rights have been terminated but the child has not been permanently placed. who has legal custody of an Indian child under tribal law or custom or under State law; or to whom temporary physical care, custody, and control has been transferred by the parent of the child. any biological parent of an Indian child; or any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. with jurisdiction over foster care placements; and a Court of Indian Offenses; a court established and operated under the code or custom of an Indian tribe; or any other administrative body of an Indian tribe that is vested with authority over foster care placements. The term “tribal social services agency” means the agency of an Indian tribe that has the primary responsibility for carrying out foster care licensing or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) for the Indian tribe. completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made; and concludes that each covered individual described in clause (i) meets such standards as the Indian tribe shall establish in accordance with subparagraph (B). perform criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28 ); check any abuse registries maintained by the Indian tribe; and check any child abuse and neglect registry maintained by the State in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the preceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and any other additional requirement that the Indian tribe determines is necessary and permissible within the existing authority of the Indian tribe, such as the creation of voluntary agreements with State entities in order to facilitate the sharing of information related to the performance of criminal records checks. Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered individual described in that clause has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 671(a)(20)(A) of title 42 . Paragraph (2) shall not apply to an emergency foster care placement, as determined by a tribal social services agency. Not later than 2 years after June 3, 2016 , each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. the safety of the home or institution for the Indian child; and resides in the home or is employed at the institution on the date on which the procedures established under subparagraph (A) commences; 1 and 1 So in original. Probably should be “commence;”. did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph (2)(A)(i) was completed. The procedures established under subparagraph (A) shall be subject to any regulation or guidance issued by the Secretary that is in accordance with the purpose of this subsection. resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and was not the subject of an investigation described in paragraph (2)(A)(i) before the foster care placement was made; has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 671(a)(20)(A) of title 42 ; or is listed on a registry described in clause (II) or (III) of paragraph (2)(B)(i); promising practices used by Indian tribes to address emergency foster care placement procedures under paragraph (3); and procedures for certifying compliance with this chapter.