Foster Care, Medical Evaluation — Consents for Medical Treatment — Clinical Pathway: Outpatient Specialty

Foster Care Clinical Pathway — Outpatient Specialty Care

Consents for Medical Treatment

Factors that may impact who gives medical consent for foster children include state laws, agency policies, age of the child, parental rights and nature of the treatment (routine versus not routine, non-urgent versus urgent).

Parental Rights
  • Determine if Parental Rights Have Been Terminated:
    • Voluntarily by birth parents or
    • Involuntarily by a judge
  • If Parental Rights Have Been Terminated:
    • The agency or its designee is usually authorized by law to consent to all medical treatments
  • If Parental Rights Have Not Been Terminated, Legal Authority to Consent to Medical Care Varies by State:
    • In Pennsylvania, birth parents retain the legal right to remain involved in medical decision-making, absent a court order to the contrary
    • In other states, this right to consent to medical care is shared between the agency and the parents
Routine Versus
Non-routine Care
  • If parental rights have not been terminated, the agency may be given the authority to consent to routine medical care
  • Medical services not considered routine often include procedures/services that require informed consent and non-urgent mental health services
  • For non-routine healthcare, birth parents generally remain involved and provide consent whenever possible
  • If birth parents are unavailable/uncooperative, the agency may step in to provide consent and a court hearing may be required
Children Old Enough to Consent for Medical Treatment
Medical Consent for Emergency Care
  • Medical and mental health services may be rendered without specific consent if an attempt to obtain consent would delay treatment immediately necessary to preserve a child's life or prevent serious or permanent impairments
  • The care provider should document any attempts made to contact the patient representative, and provide an explanation as to why the delay in treatment would place the patient's life or health at risk
  • Pediatricians can:
    • Keep a copy of the general medical consents for children and adolescents in foster care
    • Keep a copy of the most recent order pertaining to custody on file and request new orders be provided since the custodial situation often changes over time
    • Document contact information for the assigned child protection welfare professionals who could facilitate the consent process for procedures and interventions requiring specific written consent
  • Consent for Care in Pennsylvania Policy