Statutes | 4 HCC § 3 Chapter II § 10 | 2020
a. At any time whether or not a child is under the authority of the Court, the Court may authorize medical or surgical care for the child when:
(1) Unavailability of Parent(s), Guardian(s), or Custodian(s). Parent(s), guardian(s), or custodian(s) are not immediately available and cannot be found after they have been actively sought through reasonable efforts or
(2) Life Endangerment. A physician informs the Court orally or in writing that in his/her professional opinion, the life of the child would be greatly endangered without certain treatment and the parent(s), guardian(s), or custodian(s) refuses or fails to consent. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent(s), guardian(s), or custodian(s) an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child&rsquos life.
b. In making its Order the Court shall give due consideration to the consent of the child.
c. If the child or his/her parent(s), guardian(s), or custodian(s) are adherents of a 19 bona fide religious denomination that relies exclusively on prayer, through spiritual means alone, or through other methods approved by the tribal customs, traditions, or religion, then the Court shall give due consideration to such treatment in makings its Order.
d. After entering any authorization under this Section, the Court shall produce a written Order and enter it in the records of the Court and shall cause a copy of the authorization to be given to the physician or hospital, or both, that was involved.
e. Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital. No physician or hospital, nor any technician or other person under the direction of such a physician or hospital shall be subject to civil or criminal liability in the Court for performance of care or treatment in reliance on the Court&rsquos authorization, and any function performed thereunder shall be regarded as if it were performed with the child&rsquos and the parent&rsquos authorization.