Reporting Child Medical Neglect in Illinois

 Posted on February 02,2015 in Child Custody

A Missouri mother whose teenaged son became a temporary ward of Illinois after a local judge found that she interfered with his medical treatment is fighting back. She has rallied support from Missouri lawmakers, who are considering legislation that would protect guardians from abuse charges when they seek a second opinion from a licensed health care provider and follow that provider’s treatment advice.

The Illinois court’s decision to place the Missouri teen in temporary protective custody due to alleged child medical neglect is not the first – or last – of its kind (although the fact that Illinois is not the teen’s home state does distinguish his case from some of the others). Similar cases have appeared elsewhere across the United States. For example, the Connecticut Supreme Court recently held that the state can require a 17-year-old girl to receive chemotherapy treatment.

The Connecticut case involves a single mother whose daughter refused to continue treatment for a terminal type of cancer. While the mother believed that her daughter was mature enough to make that decision for herself, state officials disagreed. The teenager is now a temporary ward of the state and is receiving chemotherapy treatments against her wishes.

A Minor’s Right to Refuse Medical Treatment

Other states, including Illinois, have also considered whether 17-year-olds may make their own medical decisions. In 1987, the Illinois Supreme Court held that a minor could refuse life-saving treatment with a court’s approval. That case involved a 17-year-old Jehovah’s Witness diagnosed with leukemia. After the teen refused to receive blood transfusions, a court found the mother guilty of medical neglect and appointed a temporary guardian to consent to the teen’s medical treatment.

That decision was ultimately reversed on appeal, and the Illinois Supreme Court allowed the teen to refuse treatment. (However, she had already received numerous blood transfusions while her case was pending.) The court noted that this right is not absolute.

A Duty to Report

Doctors have a duty to report instances of medical neglect under the Abused and Neglected Child Reporting Act. Specifically, if a physician (or any other medical personnel responsible for the child’s care) believes that a child is not receiving necessary medical treatment then he must report that information to the state Department of Children and Family Services. Medical personnel must also consider whether:

• The child’s environment is likely to harm his or her health, physical well-being or welfare; and
• The likely harm is caused by a blatant disregard of parental or caretaker responsibilities.

If Illinois takes your child into temporary protective custody, contact one of our experienced Kane County family law attorneys. We will advocate on behalf of your family and the best interests of your child. Contact us today for a consultation. We can assist those in the St. Charles area.