38-2217. Health services. (a) Physical or mental care and treatment. (1) When a child less than 18 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, no consent shall be required to medically examine the child to determine whether the child has been abused or neglected. Unless the child is alleged or suspected to have been abused by the parent or guardian, the investigating officer shall notify or attempt to notify the parent or guardian of the medical examination of the child.
(2) When the health or condition of a child who is subject to jurisdiction of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures, including the release and inspection of medical or dental records. A child, or parent of any child, who is opposed to certain medical procedures authorized by this subsection may request an opportunity for a hearing thereon before the court. Subsequent to the hearing, the court may limit the performance of matters provided for in this subsection or may authorize the performance of those matters subject to terms and conditions the court considers proper.
(3) The custodian or agent of the custodian is the personal representative for the purpose of consenting to disclosure of otherwise protected health information and may give consent to the following:
(A) Dental treatment for the child by a licensed dentist;
(B) diagnostic examinations of the child, including but not limited to the withdrawal of blood or 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 withdrawal of blood or other body fluids or tissues for the purpose of determining the child's parentage; and
(G) subject to limitations in K.S.A. 59-3075(e)(4), (5) and (6), and amendments thereto, medical or surgical care determined by a physician to be necessary for the welfare of such child, if the parents are not available or refuse to consent.
(4) When the court has adjudicated a child to be in need of care, the custodian or an agent designated by the custodian is the personal representative for the purpose of consenting to disclosure of otherwise protected health information and shall have authority to consent to the performance and furnishing of hospital, medical, surgical or dental treatment or procedures or mental care or treatment other than inpatient treatment at a state psychiatric hospital, including the release and inspection of medical or hospital records, subject to terms and conditions the court considers proper and subject to the limitations of K.S.A. 59-3075 (e)(4), (5) and (6), and amendments thereto.
(5) Any health care provider who in good faith renders hospital, medical, surgical, mental or dental care or treatment to any child or discloses protected health information as authorized by this section shall not be liable in any civil or criminal action for failure to obtain consent of a parent.
(6) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a child.
(b) Care and treatment requiring court action. If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a child under this code, that the child may be a mentally ill person as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem as defined in K.S.A. 59-29b46, and amendments thereto, the court may:
(1) Direct or authorize the county or district attorney or the person supplying the information to file the petition provided for in K.S.A. 59-2957, and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the care and treatment 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 by the application as provided in the care and treatment act for persons with an alcohol or substance abuse problem; or
(2) authorize that the child seek voluntary admission to a treatment facility as provided in K.S.A. 59-2949, and amendments thereto, or K.S.A. 59-29b49, and amendments thereto.
The application to determine whether the child is a mentally ill person or a person with an alcohol or substance abuse problem may be filed in the same proceedings as the petition alleging the child to be a child in need of care, or may be brought in separate proceedings. In either event, the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the care and treatment act for mentally ill persons or the care and treatment act for persons with an alcohol or substance abuse problem.
History: L. 2006, ch. 200, § 12; L. 2008, ch. 169, § 4; July 1.
Structure Kansas Statutes
Article 22 - Revised Kansas Code For Care Of Children
38-2201 Citation; construction of code; policy of state.
38-2203 Jurisdiction; age of child, presumptions; precedence of certain orders.
38-2205 Right to counsel; guardian ad litem.
38-2206 Appointment of special advocate.
38-2207 Citizen review boards; members.
38-2208 Same; duties and powers.
38-2209 Confidentiality of child in need of care records; penalties; immunities.
38-2210 Parties exchanging information.
38-2211 Access to official and social file; preservation of records.
38-2214 Duties of county or district attorney.
38-2215 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2216 Expense of care and custody of child.
38-2218 Educational decisions; educational advocates for exceptional children.
38-2219 Evaluation of development or needs of child.
38-2221 Fingerprints and photographs.
38-2222 Public information and educational program; reporting of suspected abuse or neglect.
38-2227 Child advocacy centers.
38-2228 Multidisciplinary team.
38-2229 Investigation of abuse or neglect; subpoena; request to quash.
38-2230 Same; duties of the department for children and families.
38-2235 Procedure upon filing of petition.
38-2236 Summons; persons to be served; notice of hearing.
38-2239 Service of other pleadings.
38-2240 Subpoenas; witness fees.
38-2244 Order for informal supervision; restraining orders.
38-2247 Attendance at proceedings; confidentiality.
38-2248 Stipulations and no contest statements.
38-2253 Dispositional hearing; purpose; time.
38-2255 Authorized dispositions; prohibitions.
38-2257 Permanency planning at disposition.
38-2259 Emergency change of placement; removal from home of parent, findings of court.
38-2261 Reports made by foster parents.
38-2262 Placement; testimony of certain children.
38-2266 Request for termination of parental rights or appointment of permanent custodian.
38-2267 Procedure upon receipt of request.
38-2268 Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.
38-2271 Presumption of unfitness, when; burden of proof.
38-2272 Appointment of permanent custodian.
38-2273 Appeals; procedure; verification; continuing jurisdiction.
38-2274 Temporary orders pending appeal; status of orders appealed from.
38-2276 Prohibiting detainment or placement of child in jail.
38-2277 Determination of child support.
38-2278 Journal entry for child support.
38-2280 Remedies supplemental not substitute.
38-2282 Newborn infant protection act.
38-2283 Application to existing cases.
38-2285 Awarding high school diplomas; requirements.
38-2286 Child removed from custody of parent, substantial consideration of grandparent.
38-2288 CINC placement in a juvenile detention facility.
38-2289 Child in custody, victim of certain conduct; reporting of information.
38-2291 Qualified residential treatment program placement; required notices; court determinations.