DFS and from 31 Del. C. § 5101(6) for DYRS. Routine medical treatment includes well-child visits, sick-child visits, immunizations, psychological and psychiatric testing and evaluation, counseling or out-patient mental health treatment, and routine medical testing such as x-rays, blood work and urinalysis.
The DFS is required to "if possible, arrange for a thorough physical and mental examination of every [dependent or neglected] child...." 31 Del. C. § 303. In addition, all dependent or neglected children are considered to be wards of the State and the Division of Family Services "shall exercise such duties as shall be necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children." 31 Del. C. § 304. The language of these statutory sections is clear and unambiguous. As the DFS is required to arrange for thorough physical and mental examinations of dependent or neglected children, it follows that it has the authority to consent to those examinations for it's wards. Further, since, immunizations and testing are necessary and proper components of those examinations, the DFS can consent to immunizations and testing ancillary to a physical and mental examination.
Similarly, among other things, the DYRS has the duty to
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