Q: Can a minor's guardian keep the parents from visiting, or even getting info from nurses, while the child is in the PICU?
The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.
Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria, inquiring what the child would want to eat during his stay.
Parents had been trying to contact guardians prior to hospitalization and had received no response.
Now guardians refuse to answer the door when parents come by, refuse to give them the hospital "password" so that they can inquire about the child's health.
Father of the child was escorted (without incident) off the hospital property for simply being there, within an hour of finding out child was hospitalized.
A:
1. Guardianship Rights and Responsibilities:
Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.
However, if the court has awarded visitation or communication rights to the parents, the guardians are obligated to follow the court's orders. Ignoring calls, withholding the hospital password, or preventing parents from accessing court-mandated visitation may be considered a violation of the guardianship order.
2. Parents’ Rights:
Biological parents retain certain legal rights, even if guardianship has been granted to another party, especially if the court has explicitly ordered visitation or communication access.
Courts generally aim to preserve the parent-child relationship unless there are compelling reasons (e.g., abuse, neglect, or safety concerns) to limit it.
3. Hospital Policies and Confidentiality:
Hospitals often require a password or other authorization for individuals to receive information about a patient's care, especially in sensitive cases involving children.
Guardians may have provided this password, but the hospital is also bound by HIPAA (Health Insurance Portability and Accountability Act) regulations, which restrict sharing medical information without proper authorization.
If the court order specifies that parents are entitled to information about the child, the guardians should facilitate access. Refusing to provide the password may conflict with the parents' legal rights.
4. Potential Legal Violations by Guardians:
Failing to inform the parents about the child’s hospitalization and obstructing their court-ordered visitation or access to information may constitute:
Contempt of Court: If the guardians are not adhering to the visitation order.
Neglect of Responsibilities: Guardianship includes acting in the child’s best interests, which may include keeping parents informed if no restrictions exist.
5. Escorted Removal from the Hospital:
If the father was removed from the hospital, it may have been due to hospital policy or the guardians' directives. While hospitals have the authority to maintain order and safety, they typically respect existing court orders, including visitation or communication rights.
Next Steps for Parents:
Document Everything:
Keep records of calls, messages, and attempts to contact the guardians or visit the child. Include details about the removal from the hospital.
File a Motion with the Court:
Parents can file a motion to enforce the existing visitation order or request a modification if the guardians are not complying. This can include seeking immediate access to medical information or visitation in the hospital.
Seek Emergency Relief:
If the child’s health is at risk and the guardians are actively obstructing the parents, the parents can request an emergency hearing to address the issue.
Consult an Attorney:
Work with a family law attorney to clarify the parents' rights and file appropriate legal actions to ensure compliance with the court order.
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