Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 126 – Authorization of Medical Treatment (a) Court Authorization. At any time, regardless of whether a child is under the custody of the Court, the Court may authorize medical or surgical care for a child when: (1) Parent Not Available. A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case; or (2) Physician’s Opinion. A physician informs the Court orally or in writing that in his/her professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent, guardian, or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child’s life or health. (b) Religious and Traditional Healing. In making its order, the Court shall give due consideration to any treatment being given the child by prayer, through spiritual means alone or through other methods approved by tribal customs or traditions or religions or if the child or his parent, guardian, or custodian are adherents of an established religious denomination that relies on this form of treatment in lieu of medical treatment, or practices the tribal customs, traditions or religion which is relied upon for such treatment of the child. (c) Written Authorization. After entering any authorization under this section, the Court shall reduce the circumstances, finding and authorization to writing and enter it in the records of the Court and shall cause a copy of the authorization to be given to the appropriate physician, hospital, or both. (d) Oral Authorization. Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under the direction of such physician or hospital shall be subject to criminal or civil liability in the Court for performance of care or treatment in reliance on the Court’s authorization, and any function performed there under shall be regarded as if it were performed with the child’s and the parent’s, guardian’s or custodian’s authorization.
Read Full Text of Grand Traverse Band of Ottawa and Chippewa Indians - Tribal Code Title 10 § 126