Louisiana Children’s Code 1153 – Medical evaluation of the infant
Terms Used In Louisiana Children's Code 1153
- Birth certificate: means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued. See Louisiana Children's Code 1103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Infant: means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician. See Louisiana Children's Code 1150
A. The act of relinquishment constitutes parental consent for the purposes of examining and testing procedures conducted by hospital staff and for the purposes of providing medical treatment and care of the infant.
B. A physician shall promptly conduct a comprehensive medical examination and such tests to determine:
(1) If the infant suffers from HIV or hepatitis, if suspected.
(2) If the infant suffered fetal exposure to alcohol or drugs.
(3) If the infant appears to have been abused or neglected.
(4) The infant’s estimated date of birth, if not previously known.
C. The hospital shall forward the infant’s birth information to the Bureau of Vital Statistics, for issuance of a birth certificate, unless it is determined that one has already been issued. Unless otherwise known, the infant shall be presumed to have been born in Louisiana.
D. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, medical personnel and hospital staff shall be immune from civil and criminal liability in any legal action arising from the hospital’s examination, testing, care, and treatment of the infant.
Acts 2003, No. 609, §2.