Withholding needed medical treatment from an infant born alive at any stage of development or an infant with disabilities is prohibited by state and federal statutes and regulations. Withholding medical treatment is the failure to respond in any manner to an infant born alive and failure to respond to the infant's life-threatening conditions by providing treatment that, in the treating physician's reasonable medical judgment, will most likely improve or correct such conditions.
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(1) When treatment is not required. Providing treatment to an infant with disabilities is not required when, in the physician's reasonable medical judgment, any of the following circumstances exist:
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(A) the infant is chronically and irreversibly comatose;
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(B) provision of treatment would merely prolong dying; or
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(C) provision of treatment would be virtually futile in terms of the infant's survival and the treatment itself would be inhumane.
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(2) Reports of medical neglect of infants born alive and of infants with handicaps. Reports alleging denial by the parent(s) of medically beneficial treatment, including nutrition and hydration, to an infant born alive or an infant with disabilities are investigated by Child Welfare. The worker obtains as much information as possible regarding the:
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(A) infant's condition, including diagnosis and prognosis; and
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(B) basis for the reporter's statement that medically indicated treatment is being or will be withheld.
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(3)
Reports of medical neglect by a medical provider. Reports alleging denial of medically beneficial treatment by the medical provider are investigated by the Office of Client Advocacy. •
1 - (4) Protocol for investigating alleged medical neglect of infants born alive and infants with disabilities. The protocol for investigating reports of alleged medical neglect of an infant born alive or an infant with disabilities is the same as other investigations of reported child abuse or neglect by a person responsible for the child (PRFC). • 2