1. Where an inmate who is not yet eighteen years of age has been committed to the
custody of the sheriff or other person in charge of a local correctional facility
and no medical consent has been obtained prior to commitment, the commitment order
shall be deemed to grant to the minor the capacity to consent to routine medical,
dental and mental health services and treatment to himself or herself.
2. Subject to the regulations of the department of health, routine medical, dental
and mental health services and treatment is defined for the purposes of this section
to mean any routine diagnosis or treatment, including without limitation the administration
of medications or nutrition, the extraction of bodily fluids for analysis, and dental
care performed with a local anesthetic. Routine mental health treatment shall not include psychiatric administration of
medication unless it is part of an ongoing mental health plan or unless it is otherwise
authorized by law.
3. (a) At any time prior to the date the inmate becomes eighteen years of age, the
inmate's parent or legal guardian may institute legal proceedings pursuant to section 70.20 of the penal law objecting to the provision of routine medical, dental or mental health services and
treatment being provided to the inmate.
(b) A notice of motion shall be served on the inmate and the sheriff or other person
in charge of the local correctional facility not less than seven days prior to the
return date of the motion. The person on whom the notice of motion is served shall answer the motion not less
than two days before the return date. On examining the motion and answer and, in its discretion, after hearing argument,
the court shall enter an order, granting or denying the motion.
4. Nothing in this section shall preclude an inmate from consenting on his or her
own behalf to any medical, dental or mental health services and treatment where otherwise
authorized by law to do so.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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