38-2316.Health services.(a) Physical care and treatment. (1) When thehealth or condition of a juvenilewho is subject to the jurisdiction of the court requires it, the court mayconsent to hospital,medical, surgical or dental treatment or procedures including the release andinspection ofmedical or dental records.
(2) When the health or condition of a juvenile requires it and the juvenilehas been placed in thecustody of the commissioner or a person other than a parent or placed in orcommitted to afacility, the custodian or an agent designated by the custodian shall be thepersonal representativefor the purpose of consenting to disclosure of otherwise protected healthinformation and haveauthority to consent to hospital, medical, surgical or dental treatment orprocedures including therelease and inspection of medical or dental records, subject to terms andconditions the court considers proper. A juvenile or parent of a juvenile whois opposed to certain medical proceduresauthorized by this section may request an opportunity for a hearing thereonbefore the court.Subsequent to the hearing, the court may authorize or limit the performance ofthe proposedtreatment subject to the terms and conditions the court considers proper. Theprovisions of thissubsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112,prior to its repeal,and juveniles in the custody of the department of corrections pursuant toK.S.A. 2009 Supp.38-2366, andamendments thereto, who have been placed in a juvenile correctional facilitypursuant to K.S.A.75-5206, and amendments thereto.
(3) Any health care provider, who in good faith renders hospital, medical,surgical or dental careor treatment to any juvenile after a consent has been obtained as authorized bythis section, shallnot be liable in any civil or criminal action for failure to obtain consent ofa parent.
(4) Nothing in this section shall be construed to mean that any person shallbe relieved of legalresponsibility to provide care and support for a juvenile.
(b) Mental care and treatment. If it is brought to the court'sattention, while the court isexercising jurisdiction over a juvenile under this code, that thejuvenile may be amentally ill person as defined in K.S.A. 59-2946, and amendmentsthereto, the courtmay:
(1) Direct or authorize the county or district attorney or the personsupplying the information tofile the petition provided for in K.S.A. 59-2957, and amendmentsthereto, andproceed to hear and determine the issues raised by the application as providedin the care andtreatment act for mentally ill persons; or
(2) authorize the juvenile to seek voluntary admission to a treatmentfacility as provided inK.S.A. 59-2949, and amendments thereto.
The application to determine whether the juvenile is a mentally ill person maybe filed in thesame proceedings as the petition alleging the juvenile to be a juvenileoffender or may be broughtin separate proceedings. In either event, the court may enter an order stayingany furtherproceedings under this code until all proceedings have been concluded under thecare andtreatment act for mentally ill persons.
38-2316.Health services.(a) Physical care and treatment. (1) When thehealth or condition of a juvenilewho is subject to the jurisdiction of the court requires it, the court mayconsent to hospital,medical, surgical or dental treatment or procedures including the release andinspection ofmedical or dental records.
(2) When the health or condition of a juvenile requires it and the juvenilehas been placed in thecustody of the commissioner or a person other than a parent or placed in orcommitted to afacility, the custodian or an agent designated by the custodian shall be thepersonal representativefor the purpose of consenting to disclosure of otherwise protected healthinformation and haveauthority to consent to hospital, medical, surgical or dental treatment orprocedures including therelease and inspection of medical or dental records, subject to terms andconditions the court considers proper. A juvenile or parent of a juvenile whois opposed to certain medical proceduresauthorized by this section may request an opportunity for a hearing thereonbefore the court.Subsequent to the hearing, the court may authorize or limit the performance ofthe proposedtreatment subject to the terms and conditions the court considers proper. Theprovisions of thissubsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112,prior to its repeal,and juveniles in the custody of the department of corrections pursuant toK.S.A. 2009 Supp.38-2366, andamendments thereto, who have been placed in a juvenile correctional facilitypursuant to K.S.A.75-5206, and amendments thereto.
(3) Any health care provider, who in good faith renders hospital, medical,surgical or dental careor treatment to any juvenile after a consent has been obtained as authorized bythis section, shallnot be liable in any civil or criminal action for failure to obtain consent ofa parent.
(4) Nothing in this section shall be construed to mean that any person shallbe relieved of legalresponsibility to provide care and support for a juvenile.
(b) Mental care and treatment. If it is brought to the court'sattention, while the court isexercising jurisdiction over a juvenile under this code, that thejuvenile may be amentally ill person as defined in K.S.A. 59-2946, and amendmentsthereto, the courtmay:
(1) Direct or authorize the county or district attorney or the personsupplying the information tofile the petition provided for in K.S.A. 59-2957, and amendmentsthereto, andproceed to hear and determine the issues raised by the application as providedin the care andtreatment act for mentally ill persons; or
(2) authorize the juvenile to seek voluntary admission to a treatmentfacility as provided inK.S.A. 59-2949, and amendments thereto.
The application to determine whether the juvenile is a mentally ill person maybe filed in thesame proceedings as the petition alleging the juvenile to be a juvenileoffender or may be broughtin separate proceedings. In either event, the court may enter an order stayingany furtherproceedings under this code until all proceedings have been concluded under thecare andtreatment act for mentally ill persons.
38-2316.Health services.(a) Physical care and treatment. (1) When thehealth or condition of a juvenilewho is subject to the jurisdiction of the court requires it, the court mayconsent to hospital,medical, surgical or dental treatment or procedures including the release andinspection ofmedical or dental records.
(2) When the health or condition of a juvenile requires it and the juvenilehas been placed in thecustody of the commissioner or a person other than a parent or placed in orcommitted to afacility, the custodian or an agent designated by the custodian shall be thepersonal representativefor the purpose of consenting to disclosure of otherwise protected healthinformation and haveauthority to consent to hospital, medical, surgical or dental treatment orprocedures including therelease and inspection of medical or dental records, subject to terms andconditions the court considers proper. A juvenile or parent of a juvenile whois opposed to certain medical proceduresauthorized by this section may request an opportunity for a hearing thereonbefore the court.Subsequent to the hearing, the court may authorize or limit the performance ofthe proposedtreatment subject to the terms and conditions the court considers proper. Theprovisions of thissubsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112,prior to its repeal,and juveniles in the custody of the department of corrections pursuant toK.S.A. 2009 Supp.38-2366, andamendments thereto, who have been placed in a juvenile correctional facilitypursuant to K.S.A.75-5206, and amendments thereto.
(3) Any health care provider, who in good faith renders hospital, medical,surgical or dental careor treatment to any juvenile after a consent has been obtained as authorized bythis section, shallnot be liable in any civil or criminal action for failure to obtain consent ofa parent.
(4) Nothing in this section shall be construed to mean that any person shallbe relieved of legalresponsibility to provide care and support for a juvenile.
(b) Mental care and treatment. If it is brought to the court'sattention, while the court isexercising jurisdiction over a juvenile under this code, that thejuvenile may be amentally ill person as defined in K.S.A. 59-2946, and amendmentsthereto, the courtmay:
(1) Direct or authorize the county or district attorney or the personsupplying the information tofile the petition provided for in K.S.A. 59-2957, and amendmentsthereto, andproceed to hear and determine the issues raised by the application as providedin the care andtreatment act for mentally ill persons; or
(2) authorize the juvenile to seek voluntary admission to a treatmentfacility as provided inK.S.A. 59-2949, and amendments thereto.
The application to determine whether the juvenile is a mentally ill person maybe filed in thesame proceedings as the petition alleging the juvenile to be a juvenileoffender or may be broughtin separate proceedings. In either event, the court may enter an order stayingany furtherproceedings under this code until all proceedings have been concluded under thecare andtreatment act for mentally ill persons.
