State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-3600


Judicial Consent forEmergency Surgical or Medical Treatment.

§ 7B‑3600.  Judicialauthorization of emergency treatment; procedure.

A juvenile in need ofemergency treatment under Article 1A of Chapter 90 of the General Statutes,whose physician is barred from rendering necessary treatment by reason ofparental refusal to consent to treatment, may receive treatment with courtauthorization under the following procedure:

(1)        The physician shallsign a written statement setting out:

a.         The treatment to berendered and the emergency need for treatment;

b.         The refusal of theparent, guardian, custodian, or person who has assumed the status andobligation of a parent without being awarded legal custody of the juvenile by acourt to consent to the treatment; and

c.         The impossibility ofcontacting a second physician for a concurring opinion on the need fortreatment in time to prevent immediate harm to the juvenile.

(2)        Upon examining thephysician's written statement prescribed in subdivision (1) of this section andfinding:

a.         That the statementis in accordance with this Article, and

b.         That the proposedtreatment is necessary to prevent immediate harm to the juvenile.

Thecourt may issue a written authorization for the proposed treatment to berendered.

(3)        In acute emergenciesin which time may not permit implementation of the written procedure set out insubdivisions (1) and (2) of this section, the court may authorize treatment inperson or by telephone upon receiving the oral statement of a physiciansatisfying the requirements of subdivision (1) of this section and upon findingthat the proposed treatment is necessary to prevent immediate harm to thejuvenile.

(4)        The court'sauthorization for treatment overriding parental refusal to consent should notbe given without attempting to offer the parent an opportunity to state thereasons for refusal; however, failure of the court to hear the parent'sobjections shall not invalidate judicial authorization under this Article.

(5)        The court'sauthorization for treatment under subdivisions (1) and (2) of this sectionshall be issued in duplicate. One copy shall be given to the treating physicianand the other copy shall be attached to the physician's written statement andfiled as a juvenile proceeding in the office of the clerk of court.

(6)        The court'sauthorization for treatment undersubdivision (3) of this section shall bereduced to writing as soon as possible, supported by the physician's writtenstatement as prescribed in subdivision (1) of this section and shall be filedas prescribed in subdivision (5) of this section.

The court's authorization fortreatment under this Article shall have the same effect as parental consent fortreatment.

Following the court'sauthorization for treatment and after giving notice to the juvenile's parent,guardian, or custodian the court shall conduct a hearing in order to providefor payment for the treatment rendered. The court may order the parent or otherresponsible parties to pay the cost of treatment. If the court finds the parentis unable to pay the cost of treatment, the cost shall be a charge upon thecounty when so ordered.

This Article shall operate asa remedy in addition to the provisions in G.S. 7B‑903, 7B‑2503, and7B‑2506. (1979, c. 815, s. 1; 1998‑202, s. 6.)