(a) The state youth services director or his or her delegate may authorize major surgery or medical treatment to be performed upon any committed youth or general anesthetic to be administered to a committed youth when it is deemed necessary by a licensed medical physician and approval by the parent or guardian is acquired. If such approval is not given or the parent or guardian is unavailable for two weeks, the director or his or her delegate may apply to the juvenile court in the county where the child is confined for an order to undertake such surgery or treatment. A ruling must be made within 24 hours by the said juvenile judge.
(b) The state youth services director or his or her delegate may authorize major surgery or medical treatment to be performed upon any committed youth or general anesthetic to be administered to a committed youth when it is deemed an emergency situation where a child has suffered serious injury or is experiencing severe pain or his or her life is endangered and such judgment is made by a licensed medical physician. The director shall within 48 hours notify in writing the juvenile court in the county where the child is confined and the parent or guardian of such action. A copy of the report shall be sent to the committing court.
(Acts 1973, No. 816, p. 1261, §24.)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1995–2025 · leading case:
T.L.S. v. State, 153 So. 3d 829 (Ala. Crim. App. 2013).
T.L.S. v. State, 153 So. 3d 829 (Ala. Crim. App. 2013).
“DYS is authorized to exercise the powers listed in § 44-1-33, Code of Alabama, as amended. “DYS is authorized to place child in greater or lesser restrictive environment according to its rehabilitation program.”
Q.S. v. State, 188 So. 3d 710 (Ala. Crim. App. 2015).
· cites it 2× ““DYS is authorized to exercise the powers listed in § 44-1-33, Code of Alabama, as amended. DYS is authorized to place child in greater or lesser restrictive environment according to its rehabilitation program.”
Ex Parte REC, 678 So. 2d 1041 (Ala. 1995).
“of the physical location of the youth at all times"); § 44-1-33(a) (requiring DYS to obtain approval for "major surgery or medical treatment" from the youth's parent or guardian or, if such approval cannot be acquired, *1044 from the juvenile court); § 44-1-34 (requiring DYS to…”
Ala. Code § 44-1-33(a): 2 cases
Ex Parte REC, 678 So. 2d 1041 (Ala. 1995).
“of the physical location of the youth at all times"); § 44-1-33(a) (requiring DYS to obtain approval for "major surgery or medical treatment" from the youth's parent or guardian or, if such approval cannot be acquired, *1044 from the juvenile court); § 44-1-34 (requiring DYS to…”
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