38-2311. Records of diagnostic, treatment or medical records concerning juveniles; penalties.
38-2311
38-2311. Records of diagnostic, treatment or medicalrecords concerning juveniles; penalties.(a) When the court has exercised jurisdiction overany juvenile the diagnostic,treatment or medical records shall be privileged and shall not be disclosedexcept:
(1) Upon the written consent of the former juvenile or, if the juvenileis under 18 years of age,by the parent of the juvenile;
(2) upon a determination by the head of the treatment facility, who hasthe records, thatdisclosure is necessary for the further treatment of the juvenile;
(3) when any court having jurisdiction of the juvenile orders disclosure;
(4) when authorized byK.S.A. 2009 Supp.38-2316, and amendments thereto;
(5) when requested orally or in writing by any attorney representing thejuvenile, but the recordsshall not be further disclosed by the attorney unless approved by the court orpresented asadmissible evidence;
(6) upon a written request of a juvenile intake and assessment worker inregard to a juvenilewhen the information is needed for screening and assessment purposes orplacement decisions,but the records shall not be further disclosed by the worker unless approved bythe court;
(7) upon a determination by the juvenile justice authority that disclosure ofthe records isnecessary for further treatment of the juvenile; or
(8) upon a determination by the department of corrections that disclosure ofthe records isnecessary for further treatment of the juvenile.
(b) Intentional violation of this section is a class C nonpersonmisdemeanor.
(c) Nothing in this section shall operate to extinguish any right of ajuvenile established byattorney-client, physician-patient, psychologist-client or social worker-clientprivileges.
(d) Relevant information, reports and records shall be made available to thedepartment ofcorrections upon request and a showing that the juvenile has been placed inthe custody of thesecretary of corrections.
History: L. 2006, ch. 169, § 11; Jan. 1, 2007.