Rule 33a-8. Emergency, Life-Threatening Medical Situations—Procedures

When an emergency medical situation exists which requires the immediate assumption of temporary custody of a child or youth by the Commissioner of the Department of Children and Families in order to save the child's or youth's life, two physicians under oath must attest to the need for such medical treatment. Oral permission by the judicial authority may be given after receiving sworn oral testimony of two physicians that the specific surgical or medical intervention is absolutely necessary to preserve the child's or youth's life. The judicial authority may grant the temporary custody order ex parte or may schedule an immediate hearing prior to issuing said order. At any immediate hearing the two physicians shall be available for testifying, and the judicial authority shall appoint counsel for the child or youth and notify the chief public defender as soon as practicable that said counsel has been appointed. If the judicial authority grants the temporary custody order ex parte by oral permission, based on the sworn oral testimony from the physicians, the Commissioner of the Department of Children and Families shall file the application for a temporary custody order together with a neglect or uncared for petition on the next business day following the granting of such order. CHAPTER 34 RIGHTS OF PARTIES [Repealed as of Jan. 1, 2003.]

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009.)