DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Services for Aging and Adults with Physical Disabilities
In the Matter Of: |
Regulations on Establishment |
Of Delegation of Power of |
Relative Caregivers to |
Consent to Medical |
Treatment of Minors |
13 Del.C. §707,708
Establishment of Delegation of Power of Relative Caregivers to Consent to Medical Treatment of Minors
Nature of the Proceedings
Delaware Health and Social Services has determined that a threat to the public welfare exists if regulations are not promulgated immediately to allow grandparent and relative caregivers who do not have custody or guardianship to approve medical treatment for children in their care. Failure to do so in a timely manner creates the opportunity for minor medical problems to become more serious due to lack of medical treatment.
Summary/purpose of Emergency Regulations
The promulgation of these regulations will put 13 Del.C. §707 and 708 into effect so that grandparents and relative caregivers without custody or guardianship can approve medical treatment for children in their care. Promulgation of these regulations will allow the law to establish a system known to providers and consumers throughout the state, encourage well child Doctor’s visits, visits to the Doctor before a condition worsens, and fewer visits to hospital emergency rooms.
Finding of Fact
The Department finds that these regulations should be promulgated in the best interest of the general public of the State of Delaware. The Department will receive, consider, and respond to petitions by any interested person for the reconsideration or revision thereof. Such petitions or other written comments must be forwarded by August 31, 2000, to Carol Boyer, Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities, 1901 North Du Pont Highway, New Castle, Delaware, 19720.
The Department will also conduct a public hearing on these regulations at the new Facilities Management Building, 149 Transportation Circle, Dover. Transportation Circle is across from the Blue Hen Mall, between the University of Delaware Paradee Center and the Motor Vehicle facility. This public hearing will take place on Tuesday, August 22, 2000, from 11:30 a.m. to 1:30 p.m. Notice of this hearing will be advertised in the News Journal and the Delaware State News.
THEREFORE, IT IS ORDERED, that these regulations be adopted on an emergency basis, without prior notice or hearing, and shall become effective immediately.
Gregg C. Sylvester, MD
Secretary
June 28, 2000
Emergency Regulations:
I. Definitions for terms used in13 Del.C. section 707(a):
(1)(a) Medical treatment includes the use of prescription drugs.
Disease – a pathological condition of a body part, an organ, or a system resulting from various causes, such as infection, genetic defect, or environmental stress, and characterized by an identifiable group of signs or symptoms or life.
Pathology – the medical science concerned with all aspects of disease with an emphasis on the essential nature, causes, and development of abnormal conditions, as well as with the structural and functional changes that result from disease processes. It is also the anatomical or functional manifestations of a disease.
(1)(b) Public clinics include school wellness centers.
This authorization also applies to medical care provided in schools that do not have wellness centers as well as medical care required at school-related activities.
II. Definition for terms used in13 Del.C. section 708:
(1) Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors (also known as Caregivers’ Medical Authorization) – An affidavit of written or printed declaration or statement of acts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation, such as an officer of the court or other person who has been duly authorized to do so.
III. Reasonable effort to locate the parent(s), guardian, or custodian of the child will include one of the following:
(1) Certified mail receipt of a written notice from the caregiver that he or she intends to take medical responsibility for the child. The notice should be sent to the last known address of the parent(s), custodian, or guardian. Proof of this step will be the notice and the return receipt saying that the letter was not deliverable because no one by that name lives at this address.
(2) The caregiver or someone acting in his or her place makes an actual visit to the last known address of the parent(s), custodian, or guardian. The individual making this visit will need to describe what was found at this address and to whom he or she spoke regarding the missing parent(s), custodian, or guardian.
(3) Contact with social service agencies, place of employment, health care provider, or friends verified by a written statement signed by that party confirming that the location of the parent(s), custodian, or guardian is unknown.
(4) Other documents or confirmations that show the parent(s), custodian, or guardian cannot be found.
(5) If none of the above are feasible, the caregiver’s signature on this affidavit is his or her sworn statement that the parent(s), custodian, or guardian cannot to be found.
IV. Affidavit:
Delaware Health and Social Services will maintain the affidavit required for caregivers to obtain a Caregivers’ Medical Authorization. Anyone who wishes to obtain this affidavit may do so by contacting Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities or a Delaware Health and Social Services Public Health clinic.