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?
you are likely covered to release the info under 58.0051 and/or .0052 if you don't think so you have several options:
1) make a motion to your juvenile court to release the info to hospitals as an interested party under 58.007
2) appoint an attorney to the juvi and have him release the info to the hospital
3) release that info to parents as is allowed under the code and have parents tell the hospital
614.017 might apply if you are in a Chapter 55 proceeding but I don't think you need to rely on it with what I've outlined above.
I was asked the same question recently from an ADA some where in the state and with much less precision came up with a similar conclusion -however, I missed the power of 58.0051 and believe you are very much on point.
What does it say about my mental health that I like juvenile record quizes ??!!
H&S 574.021 ?
Lol, as long as there is not a phone, computer or fax machine wherever they take me !
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