Consenting to Medical Treatment for a Child Placed in the Custody of County Department, Part II: Non-routine and Non-emergency Medical Care

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Part I introduced the new G.S. 7B-505.1 and 7B-903.1(e) and discussed the county department’s statutory authority to consent to a child’s

routine medical and dental care;
emergency medical, surgical, or mental health care;
testing and evaluation in exigent circumstances, and
a Child Medical Evaluation (CME).

What about Medical Care that Is neither Routine nor an Emergency?

The general rule for a child who requires non-routine or non-emergency medical care and who is in the custody of a county department is that the child’s parent, guardian, or custodian must consent. G.S. 7B-505.1(c), -903.1(e). The exception to this general rule is when, after a hearing, the court authorizes the county department to consent. The court order must find by clear and convincing evidence that the non-routine or non-emergency treatment or evaluation is in the child’s best interests. G.S. 7B-505.1.

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