2010 New York Code
PBH - Public Health
Article 29-CC - (2994-A - 2994-U) FAMILY HEALTH CARE DECISIONS ACT
2994-E - Decisions about life-sustaining treatment for minor patients.

§   2994-e.   Decisions  about  life-sustaining  treatment  for  minor
  patients. 1. Authority of parent or guardian. The parent or guardian  of
  a  minor  patient  shall  have  the  authority  to  make decisions about
  life-sustaining treatment, including decisions to withhold  or  withdraw
  such   treatment,   subject  to  the  provisions  of  this  section  and
  subdivision five of section twenty-nine hundred  ninety-four-d  of  this
  article.
    2. Decision-making standards and procedures for minor patient. (a) The
  parent or guardian of a minor patient shall make decisions in accordance
  with the minor's best interests, consistent with the standards set forth
  in subdivision four of section twenty-nine hundred ninety-four-d of this
  article, taking into account the minor's wishes as appropriate under the
  circumstances.
    (b)  An  attending physician, in consultation with a minor's parent or
  guardian, shall determine whether a minor  patient  has  decision-making
  capacity   for  a  decision  to  withhold  or  withdraw  life-sustaining
  treatment. If the minor has such  capacity,  a  parent's  or  guardian's
  decision to withhold or withdraw life-sustaining treatment for the minor
  may not be implemented without the minor's consent.
    (c)  Where a parent or guardian of a minor patient has made a decision
  to withhold or  withdraw  life-sustaining  treatment  and  an  attending
  physician  has  reason to believe that the minor patient has a parent or
  guardian who  has  not  been  informed  of  the  decision,  including  a
  non-custodial  parent  or  guardian,  an  attending physician or someone
  acting on his or her behalf, shall make reasonable efforts to  determine
  if  the  uninformed  parent  or  guardian has maintained substantial and
  continuous contact with the  minor  and,  if  so,  shall  make  diligent
  efforts  to  notify  that  parent  or guardian prior to implementing the
  decision.
    3. Decision-making standards  and  procedures  for  emancipated  minor
  patient.  (a)  If an attending physician determines that a patient is an
  emancipated minor patient with  decision-making  capacity,  the  patient
  shall have the authority to decide about life-sustaining treatment. Such
  authority   shall   include   a   decision   to   withhold  or  withdraw
  life-sustaining treatment if  an  attending  physician  and  the  ethics
  review  committee determine that the decision accords with the standards
  for surrogate decisions for adults,  and  the  ethics  review  committee
  approves the decision.
    (b) If the hospital can with reasonable efforts ascertain the identity
  of the parents or guardian of an emancipated minor patient, the hospital
  shall   notify   such   persons  prior  to  withholding  or  withdrawing
  life-sustaining treatment pursuant to this subdivision.