It is common practice for hospital staff to use the emergency hotline with the Superior Court in order to obtain treatment when the parents of a minor refuse treatment like blood transfusions on religious grounds. There are two exceptions to the rule. An order of protection will come in handy in some circumstances. That is why it is imperative that you’re looking for a divorce attorney Mesa so that you’re aware of the legal implications involved in such a predicament.
Emergency Hotlines and Connections to Superior Judges
One of the main issues of contention is the treatment following a verbal order from the superior judges. There is an emergency line that can be used directly to access the superior judges in case there is an issue involving a minor.
State Laws and Religious Exemptions
The religious exemptions will vary from one state to another. The state will determine neglect if you deny a child medical treatment based on religious grounds. In Oregon, religious exemptions are not allowed for criminal and civil charges. There is no exact data on the extent of religious-related cases involving minors. This is because the majority of cases go unreported in most states.
Blood Transfusion and Religious Belief
There was a case in 2017 in Arizona that involved a 14-year old boy suffering from bone cancer. Cody H was being treated at the Banner Cardon Children’s Medical Center. As a Jehovah’s Witness family, they refused blood transfusion but consented to cancer treatment. The medical team had to come up with an alternative therapy that did not involve blood transfusion.
The emergency hotline had tried getting into contact with Superior Judges. The medical staff called for Ex Parte orders which would override the religious beliefs of the parents and allow for blood transfusion. Out of the five requests, three were granted. The medical team was able to administer blood transfusion without needing the parents’ consent.
Complaints and Petition
In the same case, the appeal court held that the hospital would not be able to treat the child against the parent’s wishes if there was no written petition or complaint. It is only after doing so will the superior judge be able to enter into a relief. The proper legal action and channels should be followed when seeking treatment of a child without the consent of the parent.
When Refusing Care Becomes Neglect
It isn’t always clear when neglect becomes obvious because parents have a lot of leeways when it comes to making decisions for their children. It will be difficult to draw the line between what is neglect and what isn’t. In most instances, it will depend on the kind of treatment that is being refused.
Doctors and courts can always use a clear guideline to determine when the state will need to intervene. A court is likely to step in when there is irrefutable evidence about the treatment being established. At 17, a child might not be an adult yet but can participate in the decision-making process. Not everyone agrees that religious exemption laws are working. For more information on the subject, you can visit https://www.familylawattorneymesaaz.net/
Jensen Family Law – Mesa
3740 E Southern Ave Suite 210 Mesa, AZ 85206