Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a
report of suspected medical neglect of a disabled infant with life-threatening
conditions is received and assigned for investigation, the CPS caseworker will
immediately contact a Medical Neglect Investigator for consultation and
assistance in initiating a preliminary investigation. The Medical Neglect
Investigator will have the responsibility to determine the role/activities of
the CPS caseworker and the Medical Neglect Investigator during preliminary
investigation and "on site" investigation of a report. The Medical Neglect
Investigator will conduct the investigations whenever possible.
(2) During the preliminary investigation, the
CPS caseworker or Medical Neglect Investigator will contact the Designated
Consultant Neonatologist from a hospital other than the one where the infant is
receiving care, for consultation and assistance. (Names of consultant
neonatologists are available from the CPS program manager.)
(a) The Medical Neglect Investigator (or
Designated Consultant Neonatologist) shall contact the hospital liaison, advise
that person of the nature of the reported suspected medical neglect, and
request assistance to obtain the following information:
(A) Whether the infant is in the
hospital;
(B) The name and location
of the infant's parents;
(C) The
medical condition of the infant, i.e., does the infant have a life-threatening
condition;
(D) The nature of the
care and treatment being provided to the infant and what, if any, additional or
alternative treatment could be provided;
(E) If the infant's parents are in agreement
with the care and treatment being provided or if they have refused to consent
to recommended treatment;
(F) If
there is a critical time pressure and thus a need for immediate court
action;
(G) The analysis of the HRC
or other review body;
(H) Whether
the attending physician has consulted with other medical professionals
concerning the care and treatment of the infant and whether the medical
professionals are in agreement with the care and treatment being
given.
(b) If treatment
is indicated and recommended by the physician and the parents are refusing to
consent to treatment, then court action should be immediately initiated or
further counseling with the parents pursued. In addition to filing a petition
in juvenile court, Child Welfare shall request that a guardian ad litem (GAL)
or court appointed special advocate (CASA) be appointed for the
child.
(c) Criteria for continuing
or closing preliminary investigation:
(A) If
the facts confirmed by the treatment team indicate any of the following
circumstances, then the investigation shall be terminated and the case closed:
(The facts should be documented in the case file.)
(i) The infant is chronically and
irreversibly comatose;
(ii) The
provision of treatment would merely prolong dying, not be effective in
ameliorating or correcting all the infant's life-threatening conditions, or
otherwise be futile in terms of survival of the infant;
(iii) The provision of treatment would be
virtually futile in terms of survival of the infant and the treatment itself
under such circumstances would be inhumane.
(B) Where there remains doubt about the
hospital's compliance with state laws, parents refuse to authorize
medically-indicated treatment, or there is a need for additional information to
substantiate a conclusion, the investigation should be
continued.
Stat. Auth.: HB 2004
Stats. Implemented: PL
98-457
