North Carolina General Statutes 7B-3600. Judicial authorization of emergency treatment; procedure
A juvenile in need of emergency treatment under Article 1A of Chapter 90 of the N.C. Gen. Stat., whose physician is barred from rendering necessary treatment by reason of parental refusal to consent to treatment, may receive treatment with court authorization under the following procedure:
(1) The physician shall sign a written statement setting out:
a. The treatment to be rendered and the emergency need for treatment;
b. The refusal of the parent, guardian, custodian, or person who has assumed the status and obligation of a parent without being awarded legal custody of the juvenile by a court to consent to the treatment; and
c. The impossibility of contacting a second physician for a concurring opinion on the need for treatment in time to prevent immediate harm to the juvenile.
Terms Used In North Carolina General Statutes 7B-3600
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Upon examining the physician’s written statement prescribed in subdivision (1) of this section and finding:
a. That the statement is in accordance with this Article, and
b. That the proposed treatment is necessary to prevent immediate harm to the juvenile.
The court may issue a written authorization for the proposed treatment to be rendered.
(3) In acute emergencies in which time may not permit implementation of the written procedure set out in subdivisions (1) and (2) of this section, the court may authorize treatment in person or by telephone upon receiving the oral statement of a physician satisfying the requirements of subdivision (1) of this section and upon finding that the proposed treatment is necessary to prevent immediate harm to the juvenile.
(4) The court’s authorization for treatment overriding parental refusal to consent should not be given without attempting to offer the parent an opportunity to state the reasons for refusal; however, failure of the court to hear the parent’s objections shall not invalidate judicial authorization under this Article.
(5) The court’s authorization for treatment under subdivisions (1) and (2) of this section shall be issued in duplicate. One copy shall be given to the treating physician and the other copy shall be attached to the physician’s written statement and filed as a juvenile proceeding in the office of the clerk of court.
(6) The court’s authorization for treatment under subdivision (3) of this section shall be reduced to writing as soon as possible, supported by the physician’s written statement as prescribed in subdivision (1) of this section and shall be filed as prescribed in subdivision (5) of this section.
The court’s authorization for treatment under this Article shall have the same effect as parental consent for treatment.
Following the court’s authorization for treatment and after giving notice to the juvenile’s parent, guardian, or custodian the court shall conduct a hearing in order to provide for payment for the treatment rendered. The court may order the parent or other responsible parties to pay the cost of treatment. If the court finds the parent is unable to pay the cost of treatment, the cost shall be a charge upon the county when so ordered.
This Article shall operate as a remedy in addition to the provisions in N.C. Gen. Stat. § 7B-505.1 and N.C. Gen. Stat. § 7B-903.1 (1979, c. 815, s. 1; 1998-202, s. 6; 2017-161, s. 14.)