What is the test for obtaining an order for a minor to undergo surgery under the Children's Rights Act?
California, United States of America
The following excerpt is from Eric B., In re, 189 Cal.App.3d 996, 235 Cal.Rptr. 22 (Cal. App. 1987):
We note parenthetically that when the minor's condition later became a threat to his life an order for the operation was upheld notwithstanding the statute. (People in Interest of D.L.E. (Colo.1982) 645 P.2d 271.) The same was the case in State v. Perricone, supra, 37 N.J. 463, 181 A.2d 751 and Matter of Jensen, supra, 633 P.2d 1302.
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