2005 Idaho Code - 16-1627 — AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1627.  AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT. (1) At any time
whether or not a child is under the authority of the court, the court may
authorize medical or surgical care for a child when:
    (a)  A parent, legal guardian or custodian is not immediately available
    and cannot be found after reasonable effort in the circumstances of the
    case; or
    (b)  A physician informs the court orally or in writing that in his
    professional opinion, the life of the child would be greatly endangered
    without certain treatment  and the parent, guardian or other custodian
    refuses or fails to consent.
    (2)  If time allows in a situation under subsection (1)(b) of this
section, the court shall cause every effort to be made to grant each of the
parents or legal guardian or custodian an immediate informal hearing, but this
hearing shall not be allowed to further jeopardize the child's life.
    (3)  In making its order under subsection (1) of this section, the court
shall take into consideration any treatment being given the child by prayer
through spiritual means alone, if the child or his parent, guardian or legal
custodian are adherents of a bona fide religious denomination that relies
exclusively on this form of treatment in lieu of medical treatment.
    (4)  After entering any authorization under subsection (1) of this
section, the court shall reduce the circumstances, finding and authorization
to writing 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.
    (5)  Oral authorization by the court is sufficient for care or treatment
to be given by and shall be accepted by any physician or hospital. No
physician or hospital nor any nurse, technician or other person under the
direction of such physician or hospital shall be subject to criminal or civil
liability for performance of care or treatment in reliance on the court's
authorization, and any function performed thereunder shall be regarded as if
it were performed with the child's and the parent's authorization.