OAR 413-020-0600
Purpose
(1)
The purpose of these rules is to comply with Public Law 98-457, which requires that procedures be established within Oregon’s Child Protective Services (hereafter referred to as CPS) program to respond to reports of suspected medical neglect, including reports of withholding medically indicated treatment for disabled infants with life-threatening conditions. The regulations indicate that the focus of the Department CPS work will be, “as it is in responding to other reports of child abuse and neglect, to protect the child and assist the family.” Hospitals are encouraged to form review committees to assist with medical and ethical dilemmas arising in the care of disabled infants with life-threatening conditions. Due to the sensitive nature of these cases and the specialized skills required to complete the investigations, the Department will designate a Child Welfare staff person in each of the three cities having tertiary care centers (Portland, Eugene, and Medford) to be a specialist in Medical Neglect investigations. These Medical Neglect Investigators, along with the CPS program manager, will be available to provide telephone consultation and investigations of reports alleging medical neglect of handicapped infants with life-threatening conditions. The Medical Neglect Investigators will form a special investigation “team” with a Designated Consultant Neonatologist and a local CPS caseworker.(2)
The federal regulations emphasize that parents are the decision makers concerning treatment for their disabled infant based on advice and reasonable medical judgment of their physician(s) with advice from the Hospital Review Committee, if one exists. It is not the Department nor the HRC, nor any other committee, who makes decisions regarding the care and treatment for a child except in highly unusual circumstances where the course treatment is inconsistent with applicable standards established by law.(3)
The legislation requires that appropriate nutrition, hydration, and medication shall always be provided to the infant, and that the effectiveness of treatment shall not be based on subjective opinions about the future “quality of life” of an infant. In response to a report of medical neglect of a disabled infant with a life-threatening condition, Department’s investigative role is to determine if the decision made to withhold treatment was based on reasonable medical judgment consistent with the definition of “withholding of medically indicated treatment.” (see OAR 413-020-0000 (Definitions).)
Source:
Rule 413-020-0600 — Purpose, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-020-0600.