Faculty Collaboration Database

Interactions With Police in the Emergency Care of Children: Ethical and Legal Considerations. Pediatr Emerg Care 2023 Apr 01;39(4):226-229

Date

02/03/2023

Pubmed ID

36727807

Pubmed Central ID

PMC10082052

DOI

10.1097/PEC.0000000000002908

Scopus ID

2-s2.0-85151574645 (requires institutional sign-in at Scopus site)   2 Citations

Abstract

OBJECTIVES: Emergency medicine providers may interface with law enforcement personnel (LEP) on behalf of their pediatric patients for a variety of reasons, from reporting child abuse to caring for children who are in police custody. Given the unique nature of caring for minors who may not have legal or medical autonomy, interactions with LEP can raise ethical concerns for emergency providers, specifically with regard to legal representation, developmental immaturity, and the civil rights of children and their parents/guardians.

METHODS: We review 4 patient scenarios, based on real cases experienced by the authors, to demonstrate the legal and ethical issues that may arise when LEP are involved in the emergency care of a child. These scenarios discuss parental/guardian visitation for children in police custody in the emergency department (ED), the practice of making arrests on hospital grounds, and police interviews of children in the ED.

RESULTS: Using the ethical principles of autonomy, beneficence, and justice, we offer recommendations for emergency providers on how to advocate for their pediatric patients in LEP custody within the constraints and protections of the law. We also suggest best practices for hospital systems to develop policies surrounding LEP activity in the ED.

CONCLUSIONS: These nuanced situations require careful advocacy for the child and a collaborative approach between medical providers and LEP to balance the child's well-being with public safety. We offer recommendations here, and we maintain that clear, widely adopted best practices for the care of minors in LEP custody are long overdue.

Author List

Schultz ML, Winn M, Derse AR, Kaczor F, Levas MN

Authors

Arthur R. Derse MD, JD Director, Professor in the Institute for Health and Equity department at Medical College of Wisconsin
Michael Levas MD Professor in the Pediatrics department at Medical College of Wisconsin
Megan L. Schultz MD Assistant Professor in the Pediatrics department at Medical College of Wisconsin

MESH terms used to index this publication - Major topics in bold

Child
Emergency Medical Services
Emergency Service, Hospital
Humans
Minors
Parents
Police