Current through Register Vol. 63, No. 3, March 1, 2024
Intake. Any person may make a report that a handicapped infant
in a medical facility is not receiving adequate and necessary medical care.
Reports which indicate withholding of medical treatment from disabled newborns
with life-threatening conditions will be considered an emergency and assigned
for investigation within one hour. Each Child Welfare branch will develop local
procedures to assure that such reports received after normal work hours will be
promptly investigated. Anonymous reports will be accepted at Intake
(1) Obtain from the reporting person as much
of the following information as possible:
(a)
Name and address of the hospital;
(b) Name and address of infant and infant's
parents;
(c) The infant's name and
birth date;
(d) The name of the
infant's attending physician;
(e)
The condition of the infant and in particular information regarding whether the
infant may die or suffer harm within the immediate future if medically
indicated treatment is withheld;
(f) The basis of the reporter's suspicion or
belief that medically indicated treatment or appropriate nutrition, hydration,
or medication is being or will be withheld;
(g) Name of the person making the report,
source of the information, position to have reliable information (i.e., nurse,
friend, family member, etc.), address and telephone number.
(2) Criteria to determine if an
investigation is indicated:
(a) Would the
reported circumstances, if true, constitute "medical neglect";
(b) Is there reasonable cause to believe that
medically indicated treatment is being withheld? This must be based on the
condition of the child, health care professional's statements, information that
the parents have refused to consent to treatment, and consultation with the
worker's supervisor;
(c) A Medical
Neglect investigator will be contacted to help determine if assignment for a
CPS investigation is indicated. (Consultation with a Designated Consultant
Neonatologist from a hospital other than the one where the infant is receiving
treatment may be utilized at this point.)
(3) Reporting the Alleged Neglect. When a
report of suspected medical neglect is received, the local Law Enforcement
Agency will be contacted per ORS
419B.020.
Stat. Auth.: HB 2004
Stats. Implemented: PL
98-457
