Found on an attorney's web site-lots of court cases cited and scenarios but can't find one in the field-suggest MD on phone ASAP and PD en route for possibly dead/dying kid parents refuse to let you treat and let the MD give orders whereby HE/SHE took the child into protective custody and you are his/her arm in treatment. I FOR ONE WOULD NOT WALK AWAY!
https://www.thesullivangroup.com/risk_resources/refusal/refusal_2_refusal.asp
The courts have held that denying medical care to a child is not within the parents' First Amendment right of freedom of religion: "The right to practice religion freely does not include the liberty to expose... a child... to ill health or death. Parents may be free to become martyrs themselves. But it does not follow that they are free ... to make martyrs of their children..." State v. Perricone, N.J.Rep., Vol. 37, p. 463, Atlantic Reporter, 2d Series, Vol 181, p. 751, 1962.
Generally, state and federal courts support parental control over the basic matters affecting their children. However, when parental actions have resulted in inadequate medical care, courts in the United States have stepped in to decide between parent wishes and physician concerns. Under the doctrine of "parens patriae" (the state's paternalistic interest in children) the state will not allow a child's health to be seriously jeopardized because of the parent's limitations or convictions. A parent does not have the authority to forbid saving their child's life. Courts invariably rule in favor of a physician who claims that a parent is denying standard medical care to a child.
Under the doctrine of parens patriae, the state represents the best interests of the child. The state also looks to the child abuse and neglect statutes, which provide for protective custody when the child has not received medically indicated treatment.
Once again, the emergency physician is empowered by understanding the law. If parents withhold consent, and there is a life threat, the emergency physician should take temporary protective custody based on child neglect. It helps to explain to the parents that this is a medical obligation under the law, and you will immediately report to the hospital administrator, hospital attorney and the local child protection agency. The parents will typically stand down and allow you to proceed with your mission. Even in situations where the minor's life may not be threatened but severely impaired, the courts usually will order medical treatment over the parents objections.
His Surmation:
1. Review of pediatric refusal of care issues:
a. In emergency situations, defined as conditions requiring prompt treatment, and not limited to potentially fatal or disabling conditions, any child may be treated without parental consent.
b. Failure to provide treatment in these circumstances may constitute negligence.
c. If treatment may entail risk, it is prudent to obtain a second opinion regarding the need for prompt treatment. Second opinions and attempts to contact the parents should be documented in the chart.
d. "Emancipated" or minors living on their own who are self-supporting and not subject to parental control, a definition that includes college students and unmarried minor mothers, may provide their own consent for treatment.
e. Statutes enacted by many states allow minors to give permission for treatment of venereal disease, or drug or alcohol problems without parental consent, and prohibit informing the parent regarding such treatment (including sending a bill) without the consent of the minor.
f. The "mature minor" rule based on multiple court decisions, indicates that young people who are capable of providing appropriate informed consent may give valid consent for treatment which does not involve serious risks. Although minors have a corresponding right to refuse treatment, it appears to be doubtful the courts will uphold the rights of a minor to refuse treatment that may be life saving.
g. It is noted that, in the past 30 years, no cases have been reported in which a parent has successfully sued a physician for the non-negligent care of an adolescent provided without parental consent.
