February 01, 2013, 11:57FMatzke
Release of juvenile information to mental facility
I'm hoping someone has dealt with this issue.
We have a juvenile in custody. Everyone is in agreement the juvenile needs mental health treatment. State mental facility was contacted to see if they have a bed available. Hospital asks what charge the juvenile has pending and is told - sorry, confidential. Hospital's reply is - without that information, we won't take your juvenile. Now I am asked "What do we do?" For now, my suggestion is to contact other hospitals.
Help? My gut tells me the hospital should know whether juvenile is a security threat before accepting the person.
Does anyone know whether Health & Safety Code 614.017 would apply? or is there any other legal authority?
February 05, 2013, 10:38Floyd L. Jennings
The reluctance to share this information with the facility is not in the interests of justice, nor the best interest of the juvenile. I had the privilege of being on the Chapt 55 workgroup some years ago and there was clear intent that relevant information be shared in both directions. Moreover, your reference to the H&S Code is well placed as that chapter specifically refers to the duty of juvenile courts to share information with TCOOMI. The flip side applies as well, i.e. I would have a throw-down court order requiring the facility to provide information to the court, else someone will improperly raise the shibboleth of HIPAA.