2006 Kansas Code - 38-1614

      38-1614.   Health services. (a) Physical care and treatment. (1) When the health or condition of a juvenile who is subject to the 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.

      (2)   When the health or condition of a juvenile requires it and the juvenile has been placed in the custody of a person other than a parent or placed in or committed to a facility, 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 including the release and inspection of medical or dental records, subject to terms and conditions the court considers proper. The provisions of this subsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112, prior to its repeal, who have been placed in a juvenile correctional facility pursuant to K.S.A. 75-5206, and amendments thereto.

      (3)   Any health care provider, who in good faith renders hospital, medical, surgical or dental care or treatment to any juvenile 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.

      (4)   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 juvenile.

      (b)   Mental care and treatment. If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a juvenile under this code, that the juvenile 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 juvenile 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 juvenile is a mentally ill person may be filed in the same proceedings as the petition alleging the juvenile to be a juvenile offender 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, § 72; L. 1983, ch. 140, § 33; L. 1986, ch. 211, § 32; L. 1991, ch. 117, § 1; L. 1996, ch. 167, § 50; L. 1997, ch. 156, § 52; July 1.