Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 327 - PERMANENCY ADVOCACY SERVICES
Section 327.5 - Medical Consents
Universal Citation: 89 IL Admin Code ยง 327.5
Current through Register Vol. 48, No. 38, September 20, 2024
a) Principles of Consultation and Consent
1)
Consent of the custodian or guardian is not required by statute for all persons
aged 18 or older, for females who are pregnant, or for the dissemination to
children over age 12 of information about and treatment for venereal disease,
drug or alcohol abuse, and for birth control information.
2) In all cases the minor shall be consulted
by casework staff regarding the nature of the proposed medical procedures to
the extent that the child's age and understanding of the situation will allow.
Parents shall be consulted regarding medical procedures affecting their
children as provided by this rule. Where the Department retains the right of
final determination, it may consent to any medical treatment regardless of
objections raised by the minor or by his or her parent(s). Should such
objection be made, the minor and his/her parent(s) shall be advised of their
right to seek remedy under the Juvenile Court System. If the proposed medical
treatment is elective in nature, reasonable time shall be afforded to obtain
such remedy.
3) When medical
consents are to be given for minors in the custody of or under the guardianship
of the Department, such consents shall be given only the Guardianship
Administrator, or designee, or under special circumstances noted below, by the
parent of the minor. Under no circumstances shall any other employee of the
Department give such consents.
4)
Upon request from a licensed physician or medical facility for consent to
perform any medical procedure, the Guardianship Administrator or designee shall
obtain all relevant facts and the reasons for the request. In every instance
involving a major or elective procedure, except in an emergency, consultation
with physicians either employed by the Department or utilized by it shall be
undertaken before any consent is given. Such consent shall be documented.
Additional requirements for exceptional cases are stated in paragraph 5 below
and in (c) (1) below.
5) In every
instance, before consent is given for proposed elective surgical or medical
procedure involving the sexual and/or reproductive organs of a minor, the
completion of which may or will affect his/her ability to sire, conceive, or
bear children, advice shall be obtained from at least two physicians who have
specialized training, knowledge or experience in this field and who are not
professionally associated with the recommending physician. Records of the
consultants shall be signed by the consultants and kept on file by the
Department.
b) Specific Circumstances
1) Consent to medical treatment
for any child under the age of 18 who is under the guardianship of the
Department, or for whom the Department holds temporary custody (pursuant to a
court order) with authority to consent to major medical procedures, or who has
been surrendered to the Department for adoption by one or both parents shall be
given under the following conditions:
A)
Consent to ordinary, elective or emergency treatment shall be given by the
Guardianship Administrator or designee in all cases involving major or elective
procedures and the parent(s) or responsible relative (as the case may be) shall
be consulted and advised by the casework staff of the Department or of an
agency providing care and service to the child, as to the nature and extent of
any medical procedure recommended except when the parental rights have been
terminated by court order or surrender, or when immediate action is warranted
or required.
B) If upon reasonable,
diligent effort no parent or relative can be located, any needed medical
treatment shall not be delayed.
C)
When emergency attention is required and delay will endanger the health or
well-being of the child, treatment shall be given and the notification of
parent(s) or relative shall be made as soon thereafter as possible.
2) Consent to medical treatment
for any child under the age of 18 for whom the Department holds temporary
custody (pursuant to an order of a court) but has not been given the authority
to consent to major medical procedures; or consent to medical treatment for a
child placed in the care of the Department through abandonment, police
intervention or emergency protective custody under the Abused and Neglected
Child Reporting Act, (Ill. Rev. Stat., ch. 23, §2055).
A) Consent for ordinary medical treatment
shall be given only by the Guardianship Administrator or designee.
B) Consent for major medical treatment or
surgical procedures shall be given by the minor's parent or legal
guardian.
C) If the treatment is of
an emergency nature and the parent or guardian is unavailable or is unwilling
to provide the consent, the physician or hospital should be asked to proceed
under Chapter 111, Section 4503, Illinois Revised Statutes, which allows
treatment to be given to minors without consent.
D) If the treatment is of an elective nature
and the parent or guardian is unavailable or is unwilling to provide the
consent, immediate relief should be sought in the form of a request that the
court appoint a custodian with the authority to consent to major medical
treatment.
E) When emergency
treatment has been given without the consent of a parent or guardian, the
parent or guardian shall be advised as soon thereafter as possible, by casework
staff of the Department or of an agency providing care and service to the
child, as to the nature and extent of any medical service provided.
3) Consent to medical treatment
for any child under the age of 18 who is in the custody of the Department
pursuant to a voluntary placement agreement:
A) Any request for consent to any type of
medical treatment shall be referred to the parent(s) or guardian of the
minor.
B) If the parent(s) or
guardian is not available, the request shall be forwarded to the Guardianship
Administrator or designee.
C) When
treatment has been given without consent of the parent(s) or guardian, the
parent(s) or guardian shall be advised as soon thereafter as possible by
casework staff of the Department or of an agency providing care and service to
the child, as to the nature and extent of any medical service
provided.
D) If parents are
consistently unavailable to provide consents for medical treatment of their
children, staff may consider filing a petition with the Court for the
appointment of a custodian with the authority to consent to major medical
treatment.
c) Use of Drugs
1) No experimental use of a drug
may be made, and no drug of an experimental nature may be given or administered
in any form or manner to any minor under the care of the Department as provided
for in part 432, Research Involving Children and Families, except when the
Department has power to consent to major medical treatment and procedures and
when, in the opinion of the treating physician and of at least two medical
experts not professionally associated with the recommending physician, the
administration of an experimental drug would represent the best possible chance
of saving the minor's life or of achieving the remission of a progressive,
crippling, disfiguring, or potentially fatal disease. This provision is at all
times subject to court review should objection be made to the administration of
any drug as described herein (see (a) (2) above).
2) Records of the consultation should be
signed by the consultants and kept on file by the Department.
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