Officials estimate that more than 3,800 minors were married in New York in the decade between 20.
So long as the individual is a minor, the presumption is that he or she is not emancipated and the burden of proof rests on the individual asserting it.
The Mental Hygiene Law also addresses consent but for situations not usually within the scope of EMS.
Local and state police have broad powers which can be used to protect minors and facilitate custody.
However, all else failing, the EMS provider may remain responsible for providing care and/or transportation of a minor to a hospital.
An uninjured child may be supervised by law enforcement personnel or a school or activity (soccer, etc.) supervisor until a parent is contacted.
In some situations, a responsible adult (grandparent, aunt, brother, etc.) with the child can assist in the decisions making.Additionally in § 9.41 it permits peace and police officers to 'direct the removal of any person to a hospital who is conducting himself in such a manner which is likely to result in serious harm to himself or others'.Other governmental agencies, such as law enforcement, mental health or corrections, may have legal definitions for individuals under eighteen that describe specific rights or responsibilities.Under this section of Public Health Law, a person who is eighteen or older may give effective consent for health care.Public Health Law § 2504 Enabling certain persons to consent for certain medical, dental, health and hospital services. Any person who is eighteen years of age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of no other person shall be necessary.4.It is the purpose of this policy to clarify the legal issues surrounding consent to medical care and/or the refusal of care by minors in the pre-hospital EMS setting.