Vermont Department For Children And Families
Family Services Division
Family Services Policy Manual
53
Chapter:
Intake and Assessment
Page 1 of 3
Subject:
Investigating Reports of Inadequate Health
Care of Infants with Disabilities
Replaces: Policy 53, dated 1/8/99
Approved
Cynthia K. Walcott, Deputy Commissioner
Effective: 12/1/06
Purpose
Reports alleging inadequate health care of infants with disabilities are accepted as
mandated under 33 VSA, Chapter 49 and by federal statute. This policy establishes special
procedures to respond to these reports, including reports of withholding of
medically-indicated treatment for infants with life-threatening conditions.
Policy
Definition of Inadequate Health Care
Inadequate health care of infants with disabilities includes failure to respond to an infant's
life-threatening conditions by providing treatment (including appropriate nutrition,
hydration, and medication), which in the treating physician's reasonable medical judgment,
will be most likely to be effective in ameliorating or correcting all such conditions.
Exceptions to the requirement to provide treatment (but not the requirement to provide
appropriate nutrition, hydration, or medication) may be made only in cases in which:
•
the infant is chronically and irreversibly comatose;
•
the provision of such treatment would merely prolong dying or not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
•
the provision of such treatment would be virtually futile in terms of the survival of the infant and
the treatment itself under such circumstances would be inhumane.
Commencing an Investigation
Investigations of reports of inadequate health care of an infant with disabilities will
commence immediately by contacting the child protection director or child safety
assessment manager and the designated contact person at the hospital at which the infant is
being treated.
Pediatric Consultant
The division contracts with a pediatric consultant to assist in the assessment of the
situation. The role of the pediatric consultant is to:
•
determine whether or not the attending physician or parents have been offered and/or
