Idaho Admin. Code r. 16.06.05.020 - INVESTIGATIONS OF ALLEGED MEDICAL NEGLECT OR WITHHOLDING OF MEDICALLY INDICATED TREATMENT FROM DISABLED INFANTS WITH LIFE-THREATENING CONDITIONS

01. Reports of Suspected Medical Neglect. The Department must receive notification from health care facility and hospital contact persons and administrators, and from any other individual reporting in accordance with provisions of the Child Protective Act, Section 16-1601 et seq., Idaho Code, of cases of suspected medical neglect, including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions. (3-17-22)

a. Reports of suspected medical neglect must be received during regular office hours at any office of the Department. (3-17-22)

b. After regular business hours, weekends, or holidays, reports must be received through the twenty-four (24) hour child abuse and neglect reporting "hot-line" numbers in the local telephone directories. (3-17-22)

02. Investigation. (3-17-22)

a. The Department will begin an investigation of a report of suspected withholding of medically indicated treatment in accordance with the provisions of the current FACS policy "Referral Response Priority Guide." When appropriate, the investigation will include an on-site investigation of such reports. (3-17-22)

b. The investigation must be conducted under the authority granted under Sections 16-1619, 16-1623 and 16-1625, Idaho Code. (3-17-22)

c. The family services worker for the Department must obtain: (3-17-22)

i. The name and address of the health care facility or hospital; (3-17-22)

ii. The administrator's name and address; (3-17-22)

iii. The infant's name and date of birth; (3-17-22)

iv. The name, address, and telephone number of the infant's parents; (3-17-22)

v. The attending physician's name; (3-17-22)

vi. The health care facility or hospital contact person's name if the report came from someone other than the health care facility or hospital; (3-17-22)

vii. The infant's medical condition, prognosis, and any indication that treatment, including nutrition, hydration, or medication, is being withheld; (3-17-22)

viii. The participation of any treatment review committee in the infant's case; and (3-17-22)

ix. The extent of counseling provided to the parents. (3-17-22)

03. Unsubstantiated Reports. Should the report be unsubstantiated because the infant is not at the health care facility or hospital, or because the pediatric consultant for the Department's Bureau of Maternal and Child Health or designee, or the regional or central office committee deems the report to be unsubstantiated because there is no withholding of medically indicated treatment as defined in Section 010 of these rules, written documentation will be made of: (3-17-22)

a. The investigative steps taken by the Department to determine the validity of the report; and (3-17-22)

b. The Department's disposition of the report. (3-17-22)

04. Verification. If the medically disabled infant is a patient at the health care facility or hospital: (3-17-22)

a. The Department will verify with the health care facility, hospital contact person, hospital administrator, attending physician, or the infant's parents the information obtained through the investigation in accordance with Subsection 020.02.c. of this rule. (3-17-22)

b. The family services worker will interview the infant's parents to assess their understanding of the infant's condition, treatment, and prognosis with and without treatment. (3-17-22)

c. The family services worker will also interview the attending physician to obtain information about the infant's condition, treatment, and prognosis with and without treatment. (3-17-22)

d. The family services worker will also obtain a copy of the infant's medical treatment record from the health care facility or hospital, as a function of the investigation process under Section 16-1625, Idaho Code. (3-17-22)

05. Findings. (3-17-22)

a. Family services workers will notify their immediate supervisor or the Regional FACS manager, within four (4) hours of receipt of a report, indicating if a disabled infant does reside within a health care facility or hospital and the circumstances of the case. (3-17-22)

b. The regional director, the Regional FACS manager, or the family services worker will report all complaints and information gathered to the pediatric consultant, the Department's Bureau of Maternal and Child Health, or designee. (3-17-22)

c. The initial determination that withholding of medically indicated treatment as defined in Section 010 of these rules is occurring or is being prescribed by the infant's physician will be made, with or without an independent medical evaluation, by the pediatric consultant, the Department's Bureau of Maternal and Child Health, or designee. (3-17-22)

Notes

Idaho Admin. Code r. 16.06.05.020