Section 4037 - Authority of custodianWhen custody of the child is ordered to the department or other custodian under a preliminary or final protection order, the custodian has full custody of the child subject to the terms of the order and other applicable law. [2015, c. 187, §1(NEW).]
1.Adoption. Custody does not include the right to initiate adoption proceedings without parental consent, except as provided under Title 18-C, section 9-302. [2017, c. 402, Pt. C, §63(AMD); 2019, c. 417, Pt. B, §14(AFF).]
2.Withhold or withdraw life-sustaining medical treatment. Except as provided in paragraphs A and B, the custodian may not withhold or withdraw life-sustaining medical treatment. A. The custodian may withhold or withdraw life-sustaining medical treatment if the parental rights of the parents of the child have been terminated pursuant to section 4055 and the custodian determines that withholding or withdrawing life-sustaining medical treatment is in the best interests of the child after considering the factors in paragraph C and the opinions of the child's treating physicians. [2015, c. 187, §1(NEW).]B. If the parental rights of one or more parent of the child have not been terminated, the custodian under a preliminary or final child protection order may withhold or withdraw life-sustaining medical treatment:(1) If the parent or parents whose parental rights have not been terminated consent to the custodian having that authority and the custodian determines that withholding or withdrawing life-sustaining medical treatment is in the best interests of the child after considering the factors in paragraph C and the opinions of the child's treating physicians; or(2) If any parent whose parental rights have not been terminated does not consent, after notice and hearing, the District Court finds by clear and convincing evidence that:(a) All of the nonconsenting parents are unfit under one or more of the grounds for termination in section 4055, subsection 1, paragraph B, subparagraph (2), division (b); and(b) Withholding or withdrawing life-sustaining medical treatment is in the best interests of the child. [2015, c. 187, §1(NEW).]C. Withholding or withdrawing life-sustaining medical treatment is in the best interests of the child if the child is in a persistent vegetative state or suffers from another irreversible medical condition that severely impairs mental and physical functioning, with poor long-term medical prognosis, and the child would experience additional pain and suffering if life-sustaining medical treatment were administered. [2015, c. 187, §1(NEW).] [2015, c. 187, §1(NEW).]
Amended by 2019, c. 417,§ B-14, eff. 6/20/2019.Amended by 2018, c. 402,§ C-63, eff. 7/1/2019.Amended by 2015, c. 187,§ 1, eff. 10/15/2015.1979, c. 733, § 18 (NEW) . 1981, c. 369, § 11 (AMD) . 1993, c. 686, § 10 (AMD) . 1993, c. 686, § 13 (AFF) . 1995, c. 694, §D44 (AMD) . 1995, c. 694, §E2 (AFF) .