Legal Issues Impacting Relative Caregivers Care and Custody法律问题影响相对照顾和监护.pptVIP

Consent Laws State-level “consent laws” allow a caregiver without legal custody or guardianship to access school enrollment for the children, school services, medical care, dental care, mental health and/or developmental treatment services for children. The laws differ in various ways, including: types of treatment whether there must be a written document to give consent authority or whether consent can be oral whether the parent(s) must sign Some of these laws allow an informal caregiver to complete an affidavit stating that he or she is the primary caregiver for the child and the child lives with him or her. ? 2013 * Combined Educational and Medical Consent Laws At least six states have combined educational and medical consent laws: California, Louisiana, Massachusetts, New Mexico, and Ohio California was the first in 1994 and, like these others, has the form for the affidavit in the law itself. Cal Fam. Code 6552 For cites to the other laws, see ? 2013 * Medical Consent More than half the states have some form of medical consent law – AZ, AR, CA (includes consent for mental health treatment), CO (immunization consent only), DE, DC (includes consent for developmental screening and mental health examination or treatment), FL, GA, HI, ID, IN, KS (immunization consent only), LA, MD, MA, MS, MO, MT, NV (emergency care consent only), NM, NY, NC, ND, OH (includes consent for psychological treatment), OK, SC, SD, TX (includes consent for psychological treatment), UT, VA, and WA (includes consent for mental health care) Cites to all these laws can also be found at ? 2013 * Educational Consent Other Ways to Access School Enrollment About 14 states have educational consent laws: CA, CT, DE, HI, LA, MD, MT, NJ, NM, NY, NC, OH, OK, and SC. In 5 states – MI, MO, RI, SD, and VA -- where a child lives (rather than where the parent lives) is the child’s legal residency for purposes of attending public school tuition-free . In IN, the “legal settlement” of a stude