The Honorable Thomas P. Eichler
Department of Services for Children,
Youth and Their Families
1825 Faulkland Road
Wilmington, DE 19805
Re: Authority to Consent to Medical and Mental Health Treatment
Dear Secretary Eichler:
You have asked for an opinion regarding the authority of the Department of Services for Children, Youth and Their Families ("Department"), specifically the Division of Family Services ("DFS") and the Division of Youth Rehabilitative Services ("DYRS"), to consent to medical and mental health treatment for children in their care and custody. Your four questions are restated and answered as follows:
1. Can the DFS or the DYRS sign medical consent forms as the custodian when the form requires a parent or guardian's signature?
It is the opinion of this office that the DFS and the DYRS have the authority to consent to routine medical examinations and treatment required by children who are in the custody of these Divisions. This authority is derived from 31 Del. C. § 304 for
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