---
kind: "section"
citation: "42 U.S.C. § 9852a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9852a"
heading: "Parental consent requirement for nonemergency intrusive physical examinations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9852a"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II — Head Start Programs"
---

# §9852a. Parental consent requirement for nonemergency intrusive physical examinations

- (a) **Definition—** The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—
  - (1) is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and
  - (2) requires incision or is otherwise invasive, or involves exposure of private body parts.
- (b) **Requirement—** A Head Start [agency](/usc/42/8262.md?p=1) shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.
- (c) **Rule of construction—** Nothing in this section shall be construed to prohibit [agencies](/usc/42/8262.md?p=1) from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, [State](/usc/42/9832.md?p=25), or tribal law.

## Source credit

(Pub. L. 97–35, title VI, § 657A, as added Pub. L. 110–134, § 25, Dec. 12, 2007, 121 Stat. 1443.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 9852a, Pub. L. 97–35, title VI, § 657A, as added Pub. L. 103–252, title I, § 123, May 18, 1994, 108 Stat. 650, related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727.