Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS
Section 16.06.05.021 - REVIEW OF ALLEGED MEDICAL NEGLECT OR WITHHOLDING OF MEDICALLY INDICATED TREATMENT FROM DISABLED INFANTS WITH LIFE-THREATENING CONDITIONS
Universal Citation: ID Admin Code 16.06.05.021
Current through August 31, 2023
01. Regional Committee Review. A regional committee must consist of the Department's regional director, the Regional FACS manager or family services worker, and the pediatric consultant, the Department's Bureau of Maternal and Child Health, or designee. (3-17-22)
a. The pediatric consultant or designee must
immediately inform the regional committee of the determination made in
accordance with Subsection
020.05.c. of these rules.
(3-17-22)
b. If the pediatric
consultant or designee determined that indicated medical treatment is being
withheld, the regional committee must attempt to resolve the matter informally,
if possible, in an expeditious manner. (3-17-22)
c. The regional committee must ensure that
the parents of the infant are fully informed of: (3-17-22)
i. The existence and function of any infant
care review committee, chaplain services, or other counseling services within
the health care facility or hospital; and (3-17-22)
ii. The existence, function, and opportunity
to consult with parent support groups or other organizations that include
parents of children with disabilities. (3-17-22)
d. If resolution is possible and the infant
receives necessary treatment, the matter will not be referred for any further
legal action. (3-17-22)
i. The Department's
regional director will verbally notify the administrator of the Division of
FACS or the chief of the Bureau of Family Services, the health care facility or
hospital contact person or administrator, the attending physician, the
individual who reported the concern, and the parents of the infant that no
legal action will be taken by the Department. (3-17-22)
ii. The Department's regional director will
provide written confirmation that no legal action will be taken by the
Department within five (5) working days to the health care facility or hospital
contact person or administrator. (3-17-22)
e. If informal resolution is not possible,
the regional director will notify the administrator of the Division of FACS or
the chief of the Bureau of Family Services of the concern within four (4) hours
of the receipt of the report. (3-17-22)
02. Central Office Committee Review. The administrator of the Division of FACS will convene a central office committee within twenty-four (24) hours of the receipt of notice from the regional committee. (3-17-22)
a. The
central office committee will consist of the Department's chief of the Bureau
of Family Services, the pediatric consultant for the Bureau of Maternal and
Child Health, the chief of the Bureau of Developmental Disabilities, a deputy
attorney general or their designees; and other individuals deemed appropriate.
(3-17-22)
i. The regional director, the
Regional FACS manager and the family services worker will be available, by
telephone, to provide investigation information. (3-17-22)
ii. The county prosecuting attorney should be
requested to participate, when appropriate. (3-17-22)
b. The committee will make appropriate
contacts, which may include the attending physician, the health care facility
or hospital contact person or administrator, the parents of the infant, and
other persons deemed appropriate to gather information and work toward
resolution of the matter. (3-17-22)
c. Efforts will be made to resolve the matter
on an informal basis. If informal resolution is not possible: (3-17-22)
i. The county prosecuting attorney or deputy
attorney general will determine, within four (4) hours of the committee
meeting, the need for legal intervention. Such intervention might include
obtaining temporary legal custody of the infant until such time as the court
can determine the appropriate disposition of the matter under Sections
16-1614 and
16-1616, Idaho Code.
(3-17-22)
ii. Failure to provide
treatment including appropriate nutrition, hydration, or medication that is
determined by the committee to be necessary to maintain the infant's life will
be considered grounds to initiate legal proceedings.
(3-17-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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