§ 3-02 Parental Involvement.
RCNY § 3-02
(a)Upon a youth's admission to a Department facility, DJJ shall promptly seek to have the parent/legal guardian execute appropriate consent forms authorizing routine medical treatment.
(b)Whenever, in the course of non-emergency or routine medical care, DJJ proposes a "substantial alteration" to a course of treatment that a resident was receiving prior to his/her admission to the Department, DJJ shall make reasonable efforts to seek the consent of the parent/legal guardian prior to initiating the "substantial alteration". The parent/legal guardian shall have the opportunity to consult with a DJJ physician, physician's assistant, or nurse practitioner regarding the proposed "substantial alteration".
(c)For purposes of this chapter, "substantial alteration" shall mean: (1) The proposal to initiate medical or psychiatric care or medication where not previously prescribed for the resident, other than routine medical care or emergency medical treatment; (2) A change in a continuous and uninterrupted course of therapy or medication that had been in effect either at an inpatient facility or by a private physician prior to the resident's admission to the Department. However, changes in the dosage or timing in administering medication which remain consistent with the pharmacological intent of the medication and which are intended to enhance the resident's functional abilities while in DJJ's custody shall not constitute a substantial alteration of a medication regimen. Any such changes in the dosage or timing in administering medication must be based on a specific and clearly identified clinical requirement that is accordingly documented in the patient's record.
(3)The substitution of a generic equivalent where the prescription states "dispense as written".
(d)If, after reasonable efforts to contact a parent/legal guardian, that person is non-responsive, absent or otherwise uninvolved, DJJ shall treat the resident consistent with his/her medical and psychiatric history and current symptomatology.
(e)In the event that DJJ proposes a "substantial alteration" but the parent/legal guardian refuses to consent, then, absent further court intervention, the only treatment that may occur is routine medical care, emergency treatment, and the administration of previously prescribed medications that have been confirmed in accordance with the procedures set forth in 41 RCNY § 3-03 below.
