DHS can only authorize certain types of medical care for children who are committed to DHS:

• Routine Treatment: DHS can authorize routine treatment for children who are committed to DHS. The following are examples of routine treatment: well baby visits, immunizations, routine dental treatment, and treatment for ordinary illnesses such as a cold or the flu.

• Non-Routine: DHS must obtain the consent of a child's parents, legal guardian or legal custodian before non-routine treatment can be administered to a child committed to DHS. The following are examples of non-routine treatment: non-emergency surgery, non-routine dental treatment, cosmetic surgery, non-routine medical tests, and experimental procedures.
  • If a child committed to DHS needs non-routine medical treatment, and 1) the parents, legal guardian or legal custodian cannot be located after a diligent search by either DHS or the provider social worker, or 2) the parents, legal guardian or legal custodian do not respond to efforts made by either the DHS or provider social worker to obatin consent, DHS must present a Petition to Treat to the Family Court judge who has jurisdiction of the child's court case. Petition to Treat packets may be obtained by clicking here or from Joyce McCants (683-6054, 8th Floor). The advocate who represents the child must be notified of the child's need for non-routine treatment. A city solicitor will prepare the Petition to Treat and present it to the judge for review and approval.
  • If a child committed to DHS needs non-routine medical treatment, and the parents, legal guardian or legal custodian refuse to consent to the non-routine medical treatment, a court hearing must be held. If the case is not scheduled for a court hearing, an early court relisting must be obtained. Following the hearing, the judge will decide whether the child should receive the medical treatment.

• Emergency Treatment: If a child committed to DHS needs emergency care, the child must be taken to a physician for treatment immediately. It is not necessary for DHS to obtain consent from the child’s parents, legal guardian or legal custodian if in the physician’s judgment, an attempt to obtain consent will delay treatment and increase the risk to the child’s safety or health. In no case should a DHS social worker authorize emergency medical care.

• Psychiatric Treatment: DHS social workers can only authorize psychiatric evaluations for children who are committed to DHS. DHS social workers cannot authorize psychiatric treatment (i.e. hospitalization or medication) for children who are committed to DHS. If a child is under the age of 14, only the child's parents, legal guardian or legal custodian can authorize psychiatric treatment for the child. If the child is 14 years old or older, the child is legally permitted to authorize his or her own psychiatric treatment.

• EXCEPTION: If a judge has signed an order terminating the parental rights of the child's parents, DHS can authorize most types of medical or psychiatric treatment. However, DHS social workers must consult with a city solicitor before signing the medical consent forms.