State Laws In Effect
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Requires access to appropriate medical specialists when conditions may mimic child maltreatment or increase the risk of misdiagnosis; provides for specialty consultation and requires DFPS to consider alternative medical opinions.
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Establishes safeguards to reduce conflicts of interest in medical evaluations used during child abuse or neglect investigations.
Addresses who may conduct forensic medical assessments in child abuse cases.
Includes medical examinations, medical case reviews, specialty evaluations, psychosocial evaluations, and other forensic assessments.
Addresses situations where a medical provider made the original abuse report or was previously involved in reviewing the case.
Helps create separation between the initial reporting/treating provider and subsequent forensic review.
Works alongside Texas laws allowing families to obtain alternative or second medical opinions.
Supports access to medical records and the child for an independent medical professional conducting an alternative evaluation.
Helps ensure medical conclusions used in CPS investigations receive independent review rather than relying solely on the original provider's assessment.
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Prohibits DFPS, hospitals/referring providers, and the forensic network from obstructing a parent's access to records or the child's access to a professional providing an alternative/second opinion or diagnostic testing.
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Texas law expressly protects certain parental decisions to seek more than one medical opinion, change medical providers, or transfer the child to another healthcare facility from being treated as neglect merely for making those choices.
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Requires consideration of certain preexisting medical diagnoses that may provide an alternative explanation for suspected abuse.
Requires investigators to obtain information about a child's relevant medical history and diagnoses.
Requires DCF to obtain and consider relevant medical records.
Requires consultation with an appropriate medical professional in qualifying cases.
Allows parents/legal custodians to request a second medical examination.
Allows consideration of a differential diagnosis and alternative medical explanations for the child's injuries or symptoms.
Requires the second medical examiner to provide a written report of their findings.
Requires additional case review when medical opinions conflict, including a DCF case staffing to attempt to reach consensus.
Allows a limited delay in referring certain allegations to law enforcement while a qualifying medical explanation is investigated.
Expands provisions allowing access to relevant medical records during the investigation.
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Requires consideration of certain preexisting medical diagnoses during child-protective investigations and creates related investigative procedures.
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Requires Child Protection Teams to obtain appropriate medical consultation in qualifying cases.
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Allows a parent/legal custodian to request a second medical evaluation/examination or compilation of differential diagnoses within the statutory timeframe. Conflicting diagnostic opinions trigger a DCF case staffing intended to reach consensus.
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Establishes parents' rights to make healthcare decisions and access medical records and imposes a heightened standard when government interferes with fundamental parental rights. It is not specifically a medical-misdiagnosis/child-abuse law like Texas or Florida.
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Requires DCFS to notify parents when it seeks a medical/forensic opinion regarding suspected abuse or neglect.
Notice generally must be attempted within 24 hours.
Gives parents the right to obtain a second medical or forensic opinion at their own expense.
Requires DCFS to consider a submitted second opinion as evidence for or against the allegation.
Gives parents the right to request the medical professional's written opinion, as permitted by law.
Requires parents to be informed of investigative timelines.
Adds transparency/reporting requirements regarding the use of medical professionals in child abuse and neglect investigations