80-2-605. Physician removal of a child -- Reporting requirements.
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Effective 9/1/2022
80-2-605. Physician removal of a child -- Reporting requirements.
(1)Subject to Subsection
(3), a physician examining or treating a child may take the child into custody, without the consent of the child's parent, guardian, or any other person responsible for the child's care or exercising temporary or permanent control over the child, if the physician has reason to believe that the child's life or safety will be in danger unless the child is taken into custody.
(a)Subject to Subsection
(3), the person in charge of a hospital or similar medical facility may retain custody of a child taken into custody under Subsection
(1)if the person reasonably believes the circumstances warrant retention of custody.
(b)The person may take the action described in Subsection (2)(a) regardless of whether additional medical treatment is required for the child or the person responsible for the child's care requests the child's return.
(3)Custody of a child under this section may not exceed 72 hours without an order of the juvenile court.
(4)A person who takes a child into, or retains a child in, custody under this section shall:
(a)immediately notify the division that the child is in the person's custody; and
(b)document:
(i)the grounds upon which the child was taken into, or retained in, custody; and
(ii)the nature of, and necessity for, any medical care or treatment provided to the child.
Renumbered and Amended by Chapter 334 , 2022 General Session