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645.230 Rights of child, parent.
(1)
(2)
The child, parent or other person exercising custodial control or supervision of
a child hospitalized under this chapter shall be entitled to confer at regular
intervals with the treating or admitting physician or a member of the child's
treatment team concerning the child's condition, treatment, or diagnosis. The
hospital or other proponent of certification may request that the parent or other
person exercising custodial control or supervision of a child be available for
consultation and cooperation in connection with the treatment process and may
seek a court order to require such cooperation.
A parent or other person exercising custodial control or supervision of a child
who has been hospitalized pursuant to KRS 645.030 may at any time file a
notice to withdraw the child from the hospital. Upon receipt of such notice, the
hospital may discharge the child immediately to the custody of his parent or
other person exercising custodial control or supervision, or if in the opinion of
the treating physician release would be seriously detrimental to the child's
health, the physician shall:
(a) Discharge the child to the custody of his parent or other person exercising
custodial control or supervision against medical advice, after advising
them against discharge and seeking their written acknowledgment that
they have been so advised; or
(b) Refuse to discharge the child for a period of no more than seventy-two
(72) hours, exclusive of weekends and holidays, after receipt of the notice
to withdraw, provided that the hospital or the physician files a petition for
certification within the three (3) days, exclusive of weekends and holidays,
in which case the hospital may hold the child until the court's ruling
following the certification hearing.
Effective:April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 125, effective April 10, 1988. -Created 1986 Ky. Acts ch. 423, sec. 168, effective July 1, 1987.
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