---
kind: "section"
citation: "42 C.F.R. § 136.405"
title: "42"
number: "136.405"
heading: "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?"
url: "https://uscodex.org/cfr/42/136.405"
---

# §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?


The minimum standards of character shall mean a benchmark of moral, ethical, and emotional strengths established by character traits and past conduct to ensure that the individual is competent to complete his/her job without harm to Indian children. In order to protect Indian children, the IHS has established minimum standards of character requiring completion of a satisfactory background investigation that ensures that no individuals who 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, are placed in positions involving regular contact with or control over Indian children.


## Notes

### Source

Source: 67 FR 59467, Sept. 23, 2002, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 2001 and 2003; 25 U.S.C. 13; and 25 U.S.C. 1621a.