PEDIATRIC EMERGENCY DEPARTMENT CLINICAL GUIDELINE: CHILD TEMPORARY PROTECTIVE CUSTODY (PC)
Temporary Protective Custody (PC): A physician has legal authority to take temporary PC of a child without the consent of the parents or caretaker if the following conditions exist: Safety concerns: reasonable suspicion of child maltreatment and the belief that sending the child home would present an imminent danger to that child’s life or health Treatment refusal: parent refuses treatment in a life-threatening situation (including for religious reasons) Lack of court order: insufficient time to apply for a court order under the Juvenile Court Act for temporary custody of the child Procedure: Make every reasonable effort to notify the parent or caretaker. Call the Illinois DCFS hotline at 1-800-25-ABUSE and inform them that you are taking temporary PC and the reasons why. Notify the PED social worker (pager 8887) from 8am-5pm or the social worker on-call (pager 6807) after 5pm and on weekends. Notify the CPS attending on-call at pager CPS-1. Document in the medical record the date, time, and reason temporary PC is taken Document in the medical record the date and time DCFS was called and the intake worker’s name. Disposition: Safety concerns: o If there is medical need for admission, admit the child and await DCFS placement o If there is no medical need for admission, request an emergency response from DCFS to arrange placement for the child (safety plan) Treatment refusal - UCCH can provide emergency medical treatment to the child in a lifethreatening situation when such treatment: o Does not involve a substantial risk of harm to the child AND o When failure to render such treatment will likely result in death or permanent harm Immunity from Civil or Criminal Liability Any person, who, in good faith, reports a suspected case of abuse or neglect, takes photographs or x-rays, or places a child in temporary protective custody, is immune from any civil or criminal liability which may result from such actions. DISCLAIMER: This clinical guideline has been developed for the purpose of unifying the general emergency care of patients with suspected abuse or neglect. It is intended to aid, rather than substitute for, professional judgment. It is not intended to serve as a rigid protocol or a written proxy for the standard of care. Failure to comply with this guideline does not represent a breach of the standard of care.
REVISED 1/17/09
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