Chicago Police DepartmentGeneral Order G04-10
Minors in Need of Medical Care
Issue Date:18 March 1994Effective Date:18 March 1994
Rescinds:D94-11
Index Category:Preliminary Investigations
I.Purpose
This directive describes circumstances in which:
  • A.consent by the person responsible for the minor’s welfare is not required to render medical care to a minor.
  • B.a sworn member has the authority to take a minor in need of medical treatment into temporary custody.
II.Consent for the Medical Care of a Minor
  • A.Sworn members do not have the legal authority to provide consent for the medical treatment of a minor.
  • B.Consent by the person responsible for the minor’s welfare is not required to authorize medical care when a minor consents to treatment and the minor is:
    • 1.married, or
    • 2.pregnant.
  • C.When a minor is the victim of an aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse or criminal sexual abuse, the consent of the person responsible for the minors welfare is not required to authorize a hospital, physician or other medical personnel to provide medical care or counseling related to the diagnosis or treatment of any disease or injury arising from such offense. The minor may consent to such counseling, diagnosis or treatment as if the minor had reached his or her age of majority.
  • D.Consent by the person responsible for the minor’s welfare is not required to authorize medical care if, in the sole opinion of the attending physician, dentist or hospital, the obtaining of consent is not reasonably feasible under the circumstances without adversely affecting the condition of the minor’s health.
III.Authority to Take a Minor in Need of Medical Care into Temporary Custody
  • A.A sworn member may, without a warrant, take into temporary custody a minor who is found upon any street or in any public place suffering from any sickness or injury which requires medical care or hospitalization.
  • B.A sworn member may, against the objections of the person responsible for the minor’s welfare, take a minor into temporary custody, whenever:
    • 1.the sworn member has reason to believe that the circumstances or conditions of the minor are such that the minor’s continuing presence in his place of residence or in the care and custody of the person responsible for the minor’s welfare, presents an imminent danger to the minors life or health; and
    • 2.there is insufficient time to apply for a court order for temporary custody of the minor.
      NOTE:
      Any sworn member acting in good faith in the removal of a minor will have immunity from any liability, civil or criminal that may otherwise be incurred or imposed as a result of such action.
  • C.A sworn member encountering conditions described in Item III-A or B will:
    • 1.transport the minor to the nearest hospital approved to participate in emergency room service by the Chicago Board of Health;
    • 2.prepare the appropriate case report; and
  • D.The Youth Investigations Section will assign a youth officer who will:
    • 1.assume investigatory responsibility;
    • 2.inform the person responsible for the minors welfare of the minors whereabouts and status; and
    • 3.notify the Illinois Department of Children and Family Services (DCFS).
Matt L. Rodriguez
Superintendent of Police
94-011 RPS(mmd)