Social workers

The law makes emergency-care action a duty rather than an option when a child in specified juvenile-court circumstances appears to need immediate treatment. It also establishes that county child-welfare social workers are not public officers under the public-records tampering crime.

What the law does ​

• Requires a social worker to take reasonable steps to obtain emergency medical, surgical, dental, or other remedial care for a child when an emergency reasonably appears.
• Allows emergency care without a court order and requires reasonable efforts to obtain parental consent or provide notice beforehand.
• Requires notice to an Indian child’s tribe as soon as reasonably possible when the social worker knows or has reason to know the child is an Indian child.
• Defines obtaining emergency care to include calling emergency services, arranging transportation when no one else is available, connecting the child with a licensed provider, and authorizing care.
• Clarifies that county child-welfare social workers are not public officers for penalties involving the theft, destruction, alteration, or falsification of public records.
• Provides for local reimbursement if the Commission on State Mandates finds the new duties impose state-mandated costs.

Who it affects ​

• County child-welfare social workers.
• Children in temporary custody or juvenile-court dependency proceedings who need emergency care.
• Parents, guardians, and persons acting in place of parents.
• Indian children’s tribes.

Context ​

Emergency care includes treatment needed immediately to prevent severe pain, serious disability, or death.