Kansas Attorney General Opinion 1992-053

ROBERT T. STEPHAN
ATTORNEY GENERAL
April 20, 1992
ATTORNEY GENERAL OPINION NO. 92- 53
Mary Ann Gabel
Executive Director
Behavioral Sciences Regulatory Board
Landon State Office Bldg., Room 855-S
Topeka, Kansas 66612
Re: Procedure, Civil -- Divorce and Maintenance --
Decree; Authorized Orders; Sole Custody; Treatment
of Child; Confidential Information About Child
Synopsis: When a court awards sole custody of a child, the
noncustodial parent is not authorized to obtain
treatment or receive confidential information about
the child from a psychologist, a registered masters
level psychologist, a professional counselor, a
social worker or a marriage and family therapist.
Cited herein: K.S.A. 1991 Supp. 60-1610.
Dear Ms. Gabel:
As executive director of the behavioral sciences regulatory
board, you ask whether the conclusion expressed in Attorney
General Opinion No. 91 - 93 extends to other mental health care
professionals.
In Attorney General Opinion No. 91-93, we concluded:
"It is our opinion that when a court
awards sole custody of a child, the
non - custodial parent is not authorized to
obtain treatment for the child or receive

confidential information about the child
from a mental health center."
You now ask whether this conclusion extends to psychologists,
registered masters level psychologists, professional
counselors, social workers and marriage and family therapists,
all of whom are regulated by the behavioral sciences
regulatory board.
Although two issues are presented - authority to consent to
treatment of a minor child and authority to receive
confidential information regarding a minor child - both may be
resolved by an understanding of the nature of sole custody.
K.S.A. 1991 Supp. 60 - 1610(a)(4)(B) authorizes a court to place
custody of a child with one parent who then has "the right to
make decisions in the best interests of the child, subject to
the visitation rights of the noncustodial parent." Besides
the right of visitation, the noncustodial parent retains the
right to inherit from the child, the right to grant consent to
an adoption, and the right to consent to a minor child's
marriage. Yoder v. Yoder, 11 Kan.App.2d 330 (1986).
In our opinion the decision to obtain mental health services
for a minor child and the decision to receive or release
confidential information about the child are decisions which
must be made according to the best interest of the child. As
such, the right to make those decisions belongs to the
custodial parent when sole custody has been granted.
Accordingly, following the rational of Attorney General
Opinion No. 91 - 93, it is our opinion that when a court awards
sole custody of a child, the non-custodial parent is not
authorized to obtain treatment for the child or receive
confidential information about the child from a psychologist,
a registered masters level psychologist, a professional
counselor, a social worker or a marriage and family
therapist.
Very truly yours,
ROBERT T. STEPHAN
ATTORNEY GENERAL OF KANSAS
Camille Nohe
RTS:JLM:CN:bas Assistant Attorney General