Asked in Health Care Law for New Jersey

Q: Does a LEO have to accompany a minor to the hospital , if a custodian has not been contacted.

Conscious and alert minor not under arrest.

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1 Lawyer Answer

A: No. There would be no reason law enforcement should be involved in a minor (or adult) seeking care from a hospital, especially if they are conscious and alert. Under New Jersey law, some minors have the legal capacity to consent to treatment at a hospital in certain circumstances, and almost all minors have the legal capacity to consent to certain treatments at a hospital in all circumstances. A LEO does not have authority to consent to treatment on behalf of an unrelated minor, so a LEO's presence or absence would be irrelevant. If a particular treatment requires parental consent under New Jersey law, the hospital most likely will not provide that service until it gets parental consent.

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