38-2217. Health services.
38-2217
38-2217. Health services.(a) Physical or mental care and treatment. (1)When a child less than 18 yearsof age is alleged to have been physically, mentally or emotionally abused orneglected or sexuallyabused, no consent shall be required to medically examine the child todetermine whether the childhas been abused or neglected. Unless the child is alleged or suspected to havebeen abused by the parent or guardian, the investigating officer shall notifyor attempt to notify the parent or guardian of the medical examination of thechild.
(2) When the health or condition of a child who is subject to jurisdictionof the court requiresit, the court may consent to the performing and furnishing of hospital,medical, surgical or dentaltreatment or procedures, including the release and inspection of medical ordental records. A child,or parent of any child, who is opposed to certain medical procedures authorizedby this subsectionmay request an opportunity for a hearing thereon before the court. Subsequentto the hearing, thecourt may limit the performance of matters provided for in this subsection ormay authorize theperformance of those matters subject to terms and conditions the courtconsiders proper.
(3) The custodian or agent of the custodian is the personalrepresentative for the purposeof consenting to disclosureof otherwise protected health information and may give consent to thefollowing:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including but not limited to thewithdrawal of bloodor other body fluids, x-rays and other laboratory examinations;
(C) releases and inspections of the child's medical history records;
(D) immunizations for the child;
(E) administration of lawfully prescribed drugs to the child;
(F) examinations of the child including, but not limited to, the withdrawalof blood or otherbody fluids or tissues for the purpose of determining the child'sparentage; and
(G) subject to limitations in K.S.A. 59-3075(e)(4), (5) and (6), andamendments thereto, medical orsurgical care determined by a physician to be necessary for the welfare of suchchild, if the parents are not available or refuse to consent.
(4) When the court hasadjudicated a child to be in need of care,the custodian or an agent designated by the custodianis thepersonal representative for the purpose of consenting to disclosure ofotherwise protected healthinformation and shall have authority to consent to the performance andfurnishing of hospital,medical, surgical or dental treatment or procedures or mental care or treatmentother than inpatienttreatment at a state psychiatric hospital, including the release and inspectionof medical or hospitalrecords, subject to terms and conditions the court considers properand subject to the limitations of K.S.A. 59-3075 (e)(4), (5) and (6), andamendments thereto.
(5) Any health care provider who in good faith renders hospital, medical,surgical, mentalor dental care or treatment to any child or discloses protected healthinformation as authorized bythis section shall not be liable in any civil or criminal action for failure toobtain consent of a parent.
(6) Nothing in this section shall be construed to mean that any person shallbe relieved oflegal responsibility to provide care and support for a child.
(b) Care and treatment requiring court action. If itis brought to the court's attention, whilethe court is exercising jurisdiction over the person of a child under thiscode, that the child may bea mentally ill person as defined in K.S.A. 59-2946, and amendmentsthereto, or a personwith an alcohol or substance abuse problem as defined in K.S.A. 59-29b46, andamendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the personsupplying the informationto file the petition provided for in K.S.A. 59-2957, and amendmentsthereto, andproceed to hear and determine the issues raised by the application as providedin the care andtreatment act for mentally ill persons or the petition provided for in K.S.A.59-29b57,and amendments thereto, and proceed to hear and determine the issues raised bythe application asprovided in the care and treatment act for persons with an alcohol or substanceabuse problem; or
(2) authorize that the child seek voluntary admission to a treatment facilityas provided inK.S.A. 59-2949, and amendments thereto, or K.S.A 59-29b49,andamendments thereto.
The application to determine whether the child is a mentally ill person or aperson with analcohol or substance abuse problem may be filed in the same proceedings as thepetition alleging thechild to be a child in need of care, or may be brought in separate proceedings.In either event, thecourt may enter an order staying any further proceedings under this code untilall proceedings havebeen concluded under the care and treatment act for mentally ill persons or thecare and treatmentact for persons with an alcohol or substance abuse problem.
History: L. 2006, ch. 200, § 12;L. 2008, ch. 169, § 4; July 1.