DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Services for Aging and Adults with Physical Disabilities
Regulations on Establishment |
Of Delegation of Power of |
Relative Caregivers to |
Consent to Medical |
Treatment of Minors |
13 Del.C. §707,708 |
Establishment of Delefation of Power of Relative Caregivers to Consent to Medical Treatment of Minors
Nature of the Proceedings:
Delaware Health and Social Services has implemented on an emergency basis the below proposed regulations and is now accepting comments in preparation for adoption of these changes on a permanent basis.
Summary/Purpose of 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.
Notice Of Comment Period
Public Hearings will be held as follows:
Date: Tuesday, August 22, 2000
Time: 11:30 AM to 1:30 PM
Place: Facilities Management Building
Location: 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.
Copies of the proposed regulations are available for review by appointment at the following locations:
Delaware Health and Social Services
Division of Services for Aging and Adults with Physical Disabilities
Herman M. Holloway Sr. Campus
Administration Building, Annex
1901 N DuPont Highway
New Castle, DE
Delaware Health and Social Services
Division of Services for Aging and Adults with Physical Disabilities
Milford State Service Center
18 North Walnut Street
First Floor
Milford, DE 19963
Contact Carol Boyer at 577-4791 or 1-800-223-9074 to make arrangements.
Written comments are also invited on these proposed new regulations and should be sent to the following address:
Carol Boyer
Delaware Health & Social Services
Division of Services for Aging and
Adults with Physical Disabilities
Administration Bldg., Annex
1901 N DuPont Highway
New Castle, DE 19720
Such comments must be received by close of business on Thursday, August 31, 2000.
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.