If a child qualifies for a 3-Day Medical Exam, the child’s caseworker must ensure that the child receives the exam within three business days of the removal. The child qualifies for a 3-Day Medical Exam if the child meets any of the following criteria:

• Was removed as the result of sexual abuse. See 2113.1 Definitions of Abuse for the definition of sexual abuse.
• Was removed as the result of physical abuse. See 2113.1 Definitions of Abuse for the definition of physical abuse.
• Has an obvious physical injury. An obvious physical injury is defined as a physical injury that would be apparent to a prudent adult.
• Has a chronic medical condition. A chronic medical condition is defined as long-term condition (approximately one year or longer) that requires ongoing medical attention or limits activities of daily living.
• Has a medically complex condition. A medically complex condition is defined as either:
  • One or more diagnoses that affect multiple organ systems.
  • One long-term health condition that results in functional limitations, high health care needs or utilization, and often the need for medical technology.
• Has a diagnosed mental illness. A diagnosed mental illness is defined as a mental health diagnosis from a licensed medical or behavioral health professional (Licensed Professional for the Healing Arts, LPHA).

The 3-Day Medical Exam is a screening to provide a baseline of the child’s health, check for injuries and illnesses, and ensure treatments and medications are available for the child. DFPS must provide known medical and trauma history, including circumstances of removal, to the exam provider.

If a child does not qualify for a 3-Day Medical Exam, the child may still receive treatment from a medical provider at any time when a caregiver believes it is necessary.

The caseworker attempts to contact the child’s primary care physician at the time of removal to ensure continuity of care and continuation of prescribed medication.

A health care provider must not administer a vaccination as part of the 3-Day Medical Exam without parental consent. The only exception is that the provider can administer a tetanus vaccination if the provider determines an emergency situation requires it.

The caseworker can help the health care provider contact the parent for consent for vaccination. However, the caseworker cannot do the following for the 3-Day Medical Exam:

• Consent for vaccination on behalf of the child.
• Obtain the parent’s consent for vaccination on behalf of the health care provider.

If a full adversary hearing is held and DFPS is named a managing conservator, the caseworker can consent to vaccinations on behalf of the child. These vaccinations can occur during subsequent checkups.

Texas Family Code §264.1076External Link

In the 3 in 30 Resource GuidePDF Document, see 3-Day Medical Exam.