The Delaware Family Court has jurisdiction and authority to de-escalate medical treatment and withdraw life support for a child, the state Supreme Court has ruled.
In a Sept. 16 opinion, the justices affirmed a ruling from the Family Court, which entered an order instructing medical providers to de-escalate medical intervention and implement do-not-reintubate and do-not-resuscitate orders for a child who was severely injured following “unexplained abusive trauma.” The child’s biological parents had appealed the order, in which the court granted a motion from the child’s guardian ad litem, arguing the Family Court lacked jurisdiction and authority to order de-escalation and that the parents were denied due process in the matter.
