Missouri Revised Statutes

Chapter 431
General Provisions as to Contracts
Section 431.058

August 28, 2014


Relative caregiver may consent to immunization of child, when--definitions--parental decision supercedes relative caregiver--notice when child stops living with relative caregiver--limitations on liability, when--affidavit requirements.

431.058. 1. As used in sections 431.058 to 431.062, the following terms shall mean:

(1) "Adult", a person who is eighteen years of age or older;

(2) "Child" or "minor", a person who is under eighteen years of age;

(3) "Educational services", enrollment of a child in a school to which the child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities;

(4) "Health care provider", a person who is licensed, certified, registered, or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility;

(5) "Parent":

(a) A child's parent by birth or adoption;

(b) A child's legal guardian; or

(c) Any person who under court order is authorized to give consent for a child;

(6) "Relative caregiver", a competent adult who is related to a child by blood, marriage, or adoption who is not the parent and who represents in the affidavit described under subsection 8 of this section that the child lives with the adult and that the adult is responsible for the care of the child.

2. A relative caregiver acting pursuant to an affidavit described under subsection 8 of this section may consent to the medical treatment provided for under section 431.061 and for educational services for a child that a child cannot otherwise legally consent to if:

(1) The parent has delegated in writing the parent's authority to consent to such medical treatment or educational services; or

(2) After reasonable efforts have been made to obtain the consent of the parent for the medical treatment or educational services, the consent of the parent cannot be obtained.

3. The consent of a relative caregiver under this section shall be superceded by any contravening decision of the parent, provided the decision does not threaten the life, health, or safety of the child.

4. If the child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given the affidavit under this section. The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection.

5. An affidavit under this section expires one year after the date it is given to the health care provider or school. If the date the affidavit is given to a health care provider or school is unknown, it shall expire one year after the date the relative caregiver signs the affidavit.

6. Nothing in this section relieves a parent of liability for payment for medical treatment or educational services provided to a child pursuant to the valid consent of a relative caregiver under this section.

7. Nothing in this section shall be construed to create a cause of action against a relative caregiver who has complied with the provisions of this section.

8. A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following information:

(1) The name of the child;

(2) The child's date of birth;

(3) The relative caregiver's name and date of birth and the address at which the relative caregiver lives with the child;

(4) The relationship of the relative caregiver to the child;

(5) The driver's license or identification card number of the relative caregiver;

(6) The contact information of the parent;

(7) A description of any attempts that the relative caregiver has made to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child, and of any response to the relative caregiver provided by the parent;

(8) If applicable, a signed and dated delegation of authority to the relative caregiver by the parent to consent to educational services or medical treatment;

(9) If applicable, the reason why the relative caregiver is unable to contact the parent to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child;

(10) The date the relative caregiver signed the affidavit; and

(11) A declaration under penalty of perjury that the named child lives with the relative caregiver, that the relative caregiver is a competent adult and eighteen years of age or older and that the information provided in the affidavit is true and correct.

9. The affidavit permitted by this section may be in form and content substantially as follows:

THE STATE OF ...........

COUNTY OF .............. AFFIDAVIT

Before me, the undersigned authority, personally appeared .............. (relative caregiver), who, being by me duly sworn, deposed as follows:

My name is .........., and I am of sound mind and am over eighteen (18) years of age. My date of birth, address, contact information, and driver's license or identification card numbers are ................ . I am competent to testify to the following facts and matters:

I am a relative caregiver to ......... (name of child), whose date of birth is ......... . My relationship to the child is ............... . The above-mentioned child is living with me at ............... (address) because of the following ........... (description of reasons why child lives with relative caregiver and any attempts that the relative caregiver has made to advise the parent of the relative caregiver's intent to consent to medical treatment or educational services for the child, and any response to the relative caregiver provided by the parent). The contact information for the parent is ................ (if known).

(If applicable) Attached is a signed and dated delegation of authority to me by the parent to consent to educational services or medical treatment.

(If applicable) The reason why I am unable to contact the parent to advise the parent of my intent to consent to medical treatment or educational services for the child is ......................................................... Affiant

In witness whereof I have hereunto subscribed my name and affixed my official seal this ........ day of ................, 20... . ...........................................

(Signed)

(Seal)

(L. 1996 H.B. 904, et al. ยง 2, A.L. 2014 S.B. 532)


© Copyright

bottom Missouri General Assembly