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Prior to the founding of Hobbs Straus, Jerry Straus was lead Washington, D.C. counsel in the first large scale case for the restoration of historic Indian land – the restoration of the 48,000 acre Blue Lake lands to the Taos Pueblo.

General Memorandum 15-065

General Memorandum 15-065
BIA Implementation Procedures for the Purpose Code X Program; For Use in Background Checks for Emergency Child Placements

The Bureau of Indian Affairs-Office of Justice Services (BIA-OJS) has announced the procedures by which tribes may request to participate in the new BIA-OJS Purpose Code X Program. Under the Purpose Code X Program BIA-OJS dispatch centers will be available 24-7 to perform (at the request of tribal police departments and social service agencies) immediate name-based criminal history checks of persons in a home where an emergency child placement is contemplated. We reported on the development of the Purpose Code X Program in our General Memorandum 15-062 of August 25, 2015, but at that time the implementation procedures were not in place.

The BIA procedures include several requirements. For example, the tribe will be responsible for ensuring that each resident in the home of the emergency placement (13 years of age or older) consents to the preliminary name-based background check with the submission of fingerprints, and that the required fingerprints are submitted to the FBI within 15 days of the name-based check. There are several methods for submitting fingerprints: 1) via the state criminal history record repository; 2) via an FBI-approved Channeler; 3) via hard copy fingerprint card submission directly to the FBI; and 4) via Department of Justice Tribal Access Program (TAP). Tribes who wish to participate in the Purpose Code X Program must request to utilize the Fingerprint Submission Requirements Rule.

We attach the following:

• The Dear Tribal Leader Letter from BIA Director Michael Black;
• The BIA Purpose Code X Implementation Procedures;
• The draft letter for tribes to use when requesting to utilize the Fingerprint Submission Requirements Rule.

The letter from Director Black states that the BIA will be "reviewing the implementation procedures and will continue adding additional tribes based on tribal needs and requests."

Let us know if we may provide additional information or assistance regarding the BIA Purpose Code X Program.

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Inquires may be directed to:
Tim Seward (tseward@hobbsstraus.com)
Karen Funk (kfunk@hobbsstraus.com)
Moriah O'Brien (mobrien@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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