Title 78A - Judiciary and Judicial Administration - Chapter 6 - Juvenile Court Act - Part 3 - Abuse, Neglect, and Dependency Proceedings - Section 301.5 - Second medical opinion.


Published: 2015-05-12

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Utah Code

Page 1

Effective 5/12/2015 Renumbered 9/1/2021 78A-6-301.5 Second medical opinion. (1) In cases of alleged medical neglect where the division seeks protective custody, temporary

custody, or custody of the child based on the report or testimony of a physician, a parent or guardian shall have a reasonable amount of time, as determined by the court, to obtain a second medical opinion from another physician of the parent's or guardian's choosing who has expertise in the applicable field.

(2) Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent or guardian while the parent or guardian obtains a second medical opinion.

(3) If the second medical opinion results in a different diagnosis or treatment recommendation from that of the opinion of the physician the division used, the court shall give deference to the second medical opinion as long as that opinion is reasonable and informed and is consistent with treatment that is regularly prescribed by medical experts in the applicable field.

(4) Subsections (1) through (3) do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent or guardian to provide alternative necessary care and treatment of the parent's or guardian's choosing.