US Laws, Codes, Statutes & Cases

      38-1609.   Records of diagnostic, treatment or medical facilities concerning juvenile offenders; privileged; disclosure. (a) The diagnostic, treatment or medical records, including records subject to K.S.A. 65-5601 to 65-5605, and amendments thereto, of any juvenile offender shall be privileged and shall not be disclosed except:

      (1)   Upon the written consent of the former juvenile or, if the juvenile offender is under 18 years of age, by the parent of the juvenile;

      (2)   upon a determination by the head of the treatment facility or state hospital, who has the records, that disclosure is necessary for the further treatment of the juvenile offender;

      (3)   when any court having jurisdiction of the juvenile offender orders disclosure;

      (4)   when authorized by K.S.A. 38-1614 and amendments thereto;

      (5)   when requested orally or in writing by any attorney representing the juvenile offender, but the records shall not be further disclosed by the attorney unless approved by the court or presented as admissible evidence; or

      (6)   upon a written request of a juvenile intake and assessment worker in regard to an alleged juvenile offender when the information is needed for screening and assessment purposes or placement decisions, but the records shall not be further disclosed by the worker unless approved by the court.

      (b)   Willful violation of this section is a class C misdemeanor.

      (c)   Nothing in this section shall operate to extinguish any right of a juvenile offender established by attorney-client, physician-patient, psychologist-client or social worker-client privileges.

      (d)   Relevant information, reports and records shall be made available to the department of corrections upon request and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of the department of corrections.

      History:   L. 1982, ch. 182, § 67; L. 1990, ch. 147, § 7; L. 1996, ch. 229, § 49; L. 2003, ch. 66, § 2; July 1.