Refusal to hospitalize the child together with the parents / legal representatives

The children’s Ombudsman was notified about the issue of hospitalization of children together with the parents / legal representatives.

The People’s Advocate for the children’s rights states that the law does not stipulate an exact age until which the child can be hospitalized together with the parents / legal representatives. An analogy is made with the age of the child for whom the medical leave is granted to the parents -10 years old. So, until the age of 10, the parents, the legal representatives are entitled to request the hospitalization together with the child. The legal norm indicating the age of 3 is not in force anymore. Obviously, it also depends on the child, if he/she can handle himself/herself, but there are also minors who do not even want to be in the hospital with adults. In these cases, the parents will be able to benefit from the medical leave without being hospitalized.

At the same time, the children’s Ombudsman mentions that any case must be approached individually. There are situations in which the presence of an adult is necessary 24 hours a day or at night, when the hospital does not have the necessary conditions or is overcrowded due to epidemics, etc.

When the child is unable to take care of himself / herself for various reasons, whether he / she is in a critical condition, disability, etc., the age can be extended up to 18 years. It is also important to know that, parents / legal representatives must be informed and asked for consent on medical interventions, treatments, tests, etc. As well, children must be informed about this, of course depending on their age and understanding of the situation.

Parents / legal representatives may not unjustifiably refuse treatment or any other medical intervention, especially when the child’s life is endangered. In such situations, the parents move away from making the decision, acting in the best interests of the child. The parent / legal representative may be held liable for a misdemeanor and criminal liability, depending on the seriousness of the action. In the event of an epidemic, they may be held liable for refusing to test the child for COVID 19 virus.”