15-11-131. Temporary protective custody of child by physician without court order and without parental consent; immunity.

Notwithstanding Code Section 15-11-133, a physician licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of such child, without a court order and without the consent of his or her parent, guardian, or legal custodian, provided that:#

1. (1)

   A physician has reasonable cause to believe that such child is in a circumstance or condition that presents an imminent danger to such child’s life or health as a result of suspected abuse or neglect; or#

2. (2)

   There is reasonable cause to believe that such child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of such child before such child may be removed from the presence of the physician.#

A physician holding a child in temporary protective custody shall:#

1. (1)

   Make reasonable and diligent efforts to inform the child’s parents, guardian, or legal custodian of the whereabouts of such child and the right to obtain an independent medical evaluation or pediatric specialty consultation as provided for under Code Section 15-11-131.1;#

2. (2)

   As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS of the basis of his or her determinations, including whether a physical examination was conducted and what medical records were reviewed, and that such child has been held in temporary custody; and#

3. (3)

   Not later than 24 hours after such child is held in temporary custody:#

   1. (A)

      Contact a juvenile court intake officer, and inform such intake officer that such child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or#

   2. (B)

      Contact a law enforcement officer who shall take such child and promptly bring such child before a juvenile court intake officer.#

A child who meets the requirements for inpatient admission shall be retained in a hospital or institution until such time as such child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and such child has been placed in DFCS custody, DFCS shall take physical custody of such child within six hours of being notified.#

If a juvenile court intake officer determines that a child is to be placed in foster care and the court orders that such child be placed in DFCS custody, then:#

1. (1)

   If such child remains in the physical care of the physician, DFCS shall take physical possession of such child within six hours of being notified by the physician, unless such child meets the criteria for admission to a hospital or other medical institution or facility; or#

2. (2)

   If such child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of such child.#

If a juvenile court intake officer determines that a child should not be placed in foster care, such child shall be released.#

If a child is placed in foster care, then the court shall notify such child’s parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours.#

If after the preliminary protective hearing a child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that such child’s life or health is in danger as a result of suspected abuse or neglect.#

Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law.#