US Laws, Codes, Statutes & Cases

      38-1513.   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 maltreated.

      (2)   When the health or condition of a child who is a ward 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)   Prior to disposition the person having custody of the child 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; and

      (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.

      (4)   When the court has granted legal custody of a child in a dispositional hearing to any agency, association or individual, the custodian or an agent designated by the custodian 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.

      (5)   If a child is in the custody of the secretary, the secretary may consent to the mental care and treatment of the child, without court approval, so long as such care and treatment do not include inpatient treatment at a state psychiatric hospital.

      (6)   Any health care provider who in good faith renders hospital, medical, surgical, mental or dental care or treatment to any child after a consent has been obtained as authorized by this section shall not be liable in any civil or criminal action for failure to obtain consent of a parent.

      (7)   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)   Mental 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. 2000 Supp. 59-2946 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. 2000 Supp. 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

      (2)   authorize that the child seek voluntary admission to a treatment facility as provided in K.S.A. 2000 Supp. 59-2949 and amendments thereto.

      The application to determine whether the child is a mentally ill person 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.

      History:   L. 1982, ch. 182, § 13; L. 1983, ch. 140, § 17; L. 1985, ch. 146, § 1; L. 1986, ch. 211, § 31; L. 1992, ch. 312, § 2; L. 1994, ch. 301, § 31; L. 1996, ch. 167, § 49; L. 2000, ch. 150, § 6; June 1.