110 CMR, § 11.13 - Life-prolonging Medical Treatment

(1) "Life-prolonging medical treatment", as distinguished from life-saving treatment, means intrusive medical treatment where there is no prospect of recovery. In the Matter of Earle A. Spring, 380 Mass. 629, 405 N.E.2d 115, 120 (1980). Recovery does not mean the ability to remain alive but rather life without intolerable suffering. Saikewicz, 373 Mass. 728, 370 N.E.2d 417 (1977).

(2) No Consent by Department. Department staff shall not consent to the giving or withholding of life-prolonging medical treatment for any child who is a ward of the Department or for any child in its care or custody. See Spring, supra; Superintendent of Belchertown State School v. Saikewicz, supra.

(3) Consent by Parents or Court.

(a) With respect to a child who is in the care of the Department, the right to consent or to refuse to consent to the giving or withholding of life-prolonging medical treatment shall remain with the child's parents unless otherwise limited by statute or court order. If the Department has reason to believe that the parents are guilty of medical neglect by their consent to giving or withholding of life-prolonging medical treatment, the Department shall seek custody through a court proceeding which alleges medical neglect.

(b) With respect to a child who is a ward of the Department or is in the Department's custody, when a medical provider seeks the Department's consent to an order giving or withholding life-prolonging medical treatment, the Department shall seek prior judicial approval for the giving or withholding of life-prolonging medical treatment, even if the child's biological parents have consented to the entry of such order. When seeking prior judicial approval, the Department shall file a Motion for Appointment of a Guardian ad Litem to investigate whether such order should enter for a ward of the Department or child in the Department's custody.

Notes

110 CMR, § 11.13

Amended by Mass Register Issue 1475, eff. 8/5/2022.