Session Law

Identifying Information:L. 2003 ch. 066
Other Identifying Information:2003 House Bill 2015
Tax Type:Other
Brief Description:An Act concerning juvenile offenders; relating to the Kansas juvenile justice code; relating to modification of sentence; also relating to confidential information of a treatment facility patient; relating to information given to the juvenile justice authority; amending K.S.A. 38-1609, 38-1665 and 65-5603 and repealing the existing sections.
Keywords:


Body:

CHAPTER 66

HOUSE BILL No. 2015


An Act concerning juvenile offenders; relating to the Kansas juvenile justice code; relating

to modification of sentence; also relating to confidential information of a treatment

facility patient; relating to information given to the juvenile justice authority; amending


K.S.A. 38-1609, 38-1665 and 65-5603 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 38-1665 is hereby amended to read as follows: 38-

1665. (a) When a juvenile offender has been placed in a youth residential

facility or in the custody of a person other than a parent, the court may

cause the juvenile offender to be brought before it, together with the

person or persons in whose custody the juvenile offender may be. If it

appears that a continuance of the custody or placement is not in the best

interests of the juvenile offender, the court may rescind and set aside the

order giving custody and make a further order for the custody of the

juvenile offender as is appropriate, except that a child support order

which has been registered under K.S.A. 38-16,119 and amendments

thereto may only be modified pursuant to K.S.A. 38-16,119 and amend-

ments thereto.

(b) At any time after the entry of an order awarding custody of a

juvenile offender to a person other than a parent, the court on its own

motion, or the commissioner, the attorney for the juvenile offender or

any party or parent may file a motion with the court for a rehearing on

the issue of custody. Upon receipt of the motion, the court shall fix a time

and place for hearing and shall notify each party of the time and place.

After the hearing, the court may enter any sentence, except that a child

support order which has been registered under K.S.A. 38-16,119 and

amendments thereto may only be modified pursuant to K.S.A. 38-16,119

and amendments thereto. If the court determines that it is in the best

interests of the juvenile offender to be returned to the custody of the

parent or parents, the court shall so order.

(c) Any time within 60 days after a court has committed a juvenile

offender to a juvenile correctional facility the court may modify the sen-

tence and enter any other sentence, except that a child support order

which has been registered under K.S.A. 38-16,119 and amendments

thereto may only be modified pursuant to K.S.A. 38-16,119 and amend-

ments thereto.

(d) Any time after a court has committed a juvenile offender to a

juvenile correctional facility, the court may, upon motion by the commis-

sioner, modify the sentence and enter any other sentence based on the

medical condition of the juvenile.

Sec. 2. K.S.A. 38-1609 is hereby amended to read as follows: 38-

1609. (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, psy-

chologist-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.

Sec. 3. K.S.A. 65-5603 is hereby amended to read as follows: 65-

5603. (a) The privilege established by K.S.A. 65-5602 and amendments

thereto shall not extend to:

(1) Any communication relevant to an issue in proceedings to invol-

untarily commit to treatment a patient for mental illness, alcoholism or

drug dependency if the treatment personnel in the course of diagnosis or

treatment has determined that the patient is in need of hospitalization;

(2) an order for examination of the mental, alcoholic, drug depend-

ency or emotional condition of the patient which is entered by a judge,

with respect to the particular purpose for which the examination is or-

dered;

(3) any proceeding in which the patient relies upon any of the afore-

mentioned conditions as an element of the patient's claim or defense, or,

after the patient's death, in any proceeding in which any party relies upon

any of the patient's conditions as an element of a claim or defense;

(4) any communication which forms the substance of information

which the treatment personnel or the patient is required by law to report

to a public official or to be recorded in a public office, unless the statute

requiring the report or record specifically provides that the information

shall not be disclosed;

(5) any information necessary for the emergency treatment of a pa-

tient or former patient if the head of the treatment facility at which the

patient is being treated or was treated states in writing the reasons for

disclosure of the communication and makes such statement a part of the

treatment or medical record of the patient;

(6) information relevant to protect a person who has been threatened

with substantial physical harm by a patient during the course of treatment,

when such person has been specifically identified by the patient, the treat-

ment personnel believes there is substantial likelihood that the patient

will act on such threat in the reasonable foreseeable future and the head

of the treatment facility has concluded that notification should be given.

The patient shall be notified that such information has been communi-

cated;

(7) any information from a state psychiatric hospital to appropriate

administrative staff of the department of corrections whenever patients

have been administratively transferred to a state psychiatric hospital pur-

suant to the provisions of K.S.A. 75-5209 and amendments thereto;

(8) any information to the patient or former patient, except that the

head of the treatment facility at which the patient is being treated or was

treated may refuse to disclose portions of such records if the head of the

treatment facility states in writing that such disclosure will be injurious

to the welfare of the patient or former patient;

(9) any information to any state or national accreditation, certification

or licensing authority, or scholarly investigator, but the head of the treat-

ment facility shall require, before such disclosure is made, a pledge that

the name of any patient or former patient shall not be disclosed to any

person not otherwise authorized by law to receive such information;

(10) any information to Kansas advocacy and protective services, inc.

which concerns individuals who reside in a treatment facility and which

is required by federal law and federal rules and regulations to be available

pursuant to a federal grant-in-aid program;

(11) any information relevant to the collection of a bill for profes-

sional services rendered by a treatment facility; or

(12) any information sought by a coroner serving under the laws of

Kansas when such information is material to an investigation or proceed-

ing conducted by the coroner in the performance of such coroner's official

duties. Information obtained by a coroner under this provision shall be

used for official purposes only and shall not be made public unless ad-

mitted as evidence by a court or for purposes of performing the coroner's

statutory duties;

(13) any communication and information between or among treat-

ment facilities regarding a proposed patient, patient or former patient for

purposes of promoting continuity of care between the state psychiatric

hospitals and the community mental health centers; the proposed patient,

patient, or former patient's consent shall not be necessary to share eval-

uation and treatment records between or among treatment facilities re-

garding a proposed patient, patient or former patient; as used in this

paragraph (13), ``proposed patient'' and ``patient'' shall have the meanings

respectively ascribed thereto in K.S.A. 2002 Supp. 59-2946 and amend-

ments thereto; or

(14) the name, date of birth, date of death, name of any next of kin

and place of residence of a deceased former patient when that informa-

tion is sought as part of a genealogical study.; or

(15) any information concerning a patient or former patient who is a

juvenile offender in the custody of the juvenile justice authority when the

commissioner of juvenile justice, or the commissioner's designee, requests

such information.

(b) The treatment personnel shall not disclose any information sub-

ject to subsection (a)(3) unless a judge has entered an order finding that

the patient has made such patient's condition an issue of the patient's

claim or defense. The order shall indicate the parties to whom otherwise

confidential information must be disclosed.

Sec. 4. K.S.A. 38-1609, 38-1665 and 65-5603 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003