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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-21. Authorization of Medical Treatment

LLOjibwe JCT3 CFC § 3-21
3-21. Authorization of Medical Treatment

At any time whether or not a child is under the authority of the Court, the Court may authorize medical or surgical care for a child when:

A. Unavailability of Parent, Guardian or Custodian

A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case, or;

B. Life Endangerment

A physician informs the Court in writing that in his professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent(s), guardian or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child's life.

In making its order the Court shall give due consideration to any treatment being given the child through spiritual means alone or through other methods approved by tribal customs, traditions or religions, if the child or his parent, guardian or legal custodian are adherents of a bona fide religion that relies exclusively on this form of treatment in lieu of medical treatment, or practices in fact the tribal customs, traditions or religion which is relied upon for such treatment of the child.

After entering any authorization under this section, the Court shall reduce the circumstances, finding and authorization in writing and enter it in the records of the Court and shall cause a copy of the authorization to be given to the physician or hospital, or both, that was involved.

Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital. No physician or hospital not any nurse, technician or other person under the director on such physician or hospital shall be subject to liability in the Court for performance of care or treatment in reliance on the Court's authorization, and any function performed there under shall be regarding as if it were performed with the child's and the parent's authorization.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-21, LLOjibwe JCT3 CFC § 3-21

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