|
|
 |
Budget Recommendations
|
|
Outside Section 88
|
|
|
|
 Medical Consent for Children in Department of Youth Services Custody
SECTION 88.
Chapter 120 of the General Laws, as so appearing, is hereby amended by striking out section 23 and inserting in place thereof the following section:-
Section 23. The department may act as guardian for a child under 18 years of age in its charge who has neither parent living, or of whom neither parent can be located, and for whom no guardian has been appointed. In such instances, the department may act with all the power and authority conferred by chapter 201, except that once a guardian is appointed, the powers herein conferred shall cease.
With respect to any child under 18 years of age in its charge, the department, without need for parent or guardian approval, shall be deemed to be the child's legal representative for the purpose of making emergency medical decisions, or for the purpose of making routine medical decisions when reasonable efforts to get consent from the child's parent or guardian have been unsuccessful. It shall also serve as the fully authorized representative of a child not living with his parents or guardian for the purpose of completing and submitting an application on the child's behalf to the executive office of health and human services for benefits or assistance under chapter 118E or to the department of transitional assistance for benefits or assistance which said department is authorized to provide under chapter 18. This paragraph shall not apply to any child for whom the department of social services has been appointed the temporary or permanent guardian of said child.
|
|
|
|
