Who Provides Consent for Foster Kids in Tennessee?

In dentistry, we know that informed consent allows patients to make decisions in their dental care. We are aware that parents and legal guardians provide consent for minors. But the question arises, who provides consent for foster kids?

Consent Authority for Minors in Foster Care

According to the State of Tennessee Department of Children’s Services in their publication, Administrative Policies and Procedures: 20.24 effective May 23, 2023, when children are in the legal custody of the Department of Children’s Services (DCS), the DCS has the authority to consent to routine medical care or to delegate the authority for consent for routine medical care to individuals responsible for the day-to-day care of the child. DCS is the legal custodian. As such, DCS entrusts foster parents and other care providers with authority and responsibility for the care of the child(ren) in their care. This includes authority for well-care treatment and assessments of vision and hearing. This also includes routine health services such as routine dental procedures, including extractions.

Emergency Medical Treatment for Minors

In Tennessee, a doctor may perform emergency medical or surgical treatment on a minor without parent consent or court order where such physician has a good faith belief that delay in rendering emergency care would result in a serious threat to the life of the minor or serious worsening of the condition.

Parental Involvement in Surgical Procedures

When a surgical procedure or anesthesia is needed, parents should actively participate in all perioperative decisions and appointments. Parents decide whether to provide informed consent for surgery or anesthesia unless the court has terminated their rights.

Role of DCS Caregivers and Consent Forms

Keep in mind that the child’s DCS caregiver (to include the foster parent) should participate in healthcare appointments. Parents are encouraged to attend the appointment provided their rights are not terminated.

Form for Parents to Sign

DCS informs parents that it is the legal custodian of the child. As such, it is authorized to consent or delegate its consent authority for ordinary care and necessary medical care. The parents sign form CS-0206, Authorization for Routine Health Services for Minors. Even if the parent does not sign the form, DCS retains authorization to consent to ordinary care. It is also authorized to approve necessary medical care and treatment.

Further Reading on Policies

To read the policy: Tennessee Policy
Alabama requirements are much different: Alabama Policy

Have any questions?