If a child is admitted to the hospital: 5 most important rights of parents

Today we will talk about one of the most pressing problems for many: when parents and a child can be in the hospital. It’s one thing if you yourself are sick, but we perceive problems with the health of children differently, especially if hospitalization is necessary for treatment. Interests and rights of minors not only can, but are also obliged to protect their parents or in their absence:

persons who officially formalized guardianship, trusteeship;
who adopted a child left without the care of his blood mother and (or) father.

Let's figure it out:

in what situations may parents be denied permission to be with them when their child is in the hospital;
what is the basis for the rights of parents to seek not only visitation, but also stay together during treatment.

Staying with a child in hospital according to the law

About 20 years ago, both in Russia and in other countries, parents did not have the right to be in the hospital constantly with their child.

However, according to many psychologists and doctors, the presence of parents, on the contrary, is beneficial for the speedy recovery of children, since in this case they worry less and do not feel isolated from the family.

That is why the possibility of a parent and child staying in the hospital was approved at the legislative level.

According to Part 3 of Article 51 of the Federal Law No. 323 of November 21, 2011 “On the fundamentals of protecting the health of citizens in the Russian Federation,” one of the parents or another family member, as well as a legal representative, can count on free stay in a medical institution with a child who is in inpatient conditions. medical assistance is provided.

In this case, the age of the child does not matter. And Article 54 of the Family Code of the Russian Federation clearly states that any person under 18 years of age is considered a child.

Moreover, the parent has the right to be with him during the entire period of treatment.

In addition to the mother and father, another family member may be with the child: grandfather, grandmother, sister, brother, aunt or uncle . Other legal representatives include guardians, trustees and adoptive parents.

Conditions that should be provided to adults

The parent of a child under 4 years of age must be provided with a bed and food in the hospital..

And since the compulsory health insurance fund regularly transfers funds for these amenities, they should be provided to parents free of charge.

In this case, the sleeping place must comply with all standards, i.e. be a normal bed with linens.

Joint hospitalization of children over 4 years of age with their parents is carried out according to medical indicators (clause 4, part 3, article 80 of the Federal Law “On the fundamentals of protecting the health of citizens of the Russian Federation”).

The attending physician must make a decision about the need for round-the-clock monitoring of the child by one of the parents. The parent must also be provided with free food and bed.

Regional authorities may expand guarantees of free medical care for children together with their parents. For example, the provision of free food and bed to a parent can be extended until the child is 5-6 years old.

You can find out about the provision of such conditions from the insurance company that issued the compulsory medical insurance policy.

Regional authorities can expand the age limits, but not cut them, reducing them, for example, to 2 years.

Parents should not be assigned hospital staff responsibilities (cleaning floors, helping to care for other patients, etc.). But they still have their responsibilities.

They must comply with sanitary and epidemiological rules, pay attention to the comments of medical staff and behave politely.

At the end of treatment, the parent who was in the hospital with the child must be issued sick leave, for which an appropriate benefit will be paid in the future.

In case of emergency hospitalization

Photo: portal of the mayor and government of Moscow
If a child is left without a parent or guardian, he will not only be checked and fed: the baby will be provided with a temporary place of residence - in a family center, a center for promoting family education or a rehabilitation center. But it’s impossible to predict an emergency, and if the ambulance is already picking up a parent or guardian, you should do the following.

Notify your doctor

In case of emergency hospitalization, the parent or guardian must inform the local doctor of the clinic or the attending physician of the hospital where exactly he is being sent - the name, number and address of the institution. He must also notify that a minor child remains at home at the specified address.

Psychologists advise agreeing with a small child on a password in which he will not be afraid and will open the door to the appropriate services for assistance.

Notification of guardianship authorities

It will no longer be the parent who will do this. After the call, the doctor himself must contact the territorial guardianship and trusteeship authorities, specialists from the social protection department and talk about the situation in the family.

The further location of the child will be determined by social security.

After receiving a notification, social security, together with the police, immediately arrives at the scene so that the child is not left alone for a long time. Already in the apartment, they determine the subsequent whereabouts of the minor while his parent or guardian is undergoing treatment in the hospital. There are different options for where they can be sent:

to a medical organization to see the parent (if there is such a possibility) or another if the child himself also needs help;
to a temporary residence institution - a family center, a center for promoting family education or a rehabilitation center;
to relatives for temporary care.

The current epidemiological situation is making its own adjustments. As part of preventing the spread of coronavirus, as well as providing timely assistance, today the child will first be admitted to the hospital and undergo an appropriate examination, and only then, if everything is in order, he will go to a family center with an inpatient department - for constant supervision.

Nobody takes the child away

The intervention of social services in these circumstances does not mean that the child was taken away from the parent. The guardian and the child can keep in touch by telephone at all times. The parent will also be required to report all movements of the minor. And as soon as he undergoes treatment and is discharged from the hospital, he will immediately be able to take the child home.

Possible complications

Unfortunately, in our medical institutions there are not always conditions for being together, so only the attending physician can decide how many years children stay in the hospital with their parents.

If he believes that the treatment does not require your constant presence, then you are deprived of the right to free food and a place to sleep.

In this case, you can submit an application to the head physician, in which you will provide arguments confirming the need for you to be near the child.

For example, when a child has a high body temperature and constant coughing attacks, so he needs round-the-clock monitoring.

If the doctor accepts the arguments provided, then you will be provided with all the conditions required by law (bed and food) free of charge.

In the current 2020, private and commercial clinics can also provide the opportunity to stay with a child during inpatient treatment.

If 24-hour presence with the child is not possible, then medical workers can allow you to be with him during the day - from 8 am to 8 pm.

In this case, the parent is issued a temporary pass that will allow him to enter the department.

Violation of the regime

The following are considered violations of the treatment regimen and internal regulations:

Smoking in the premises and on the territory of the hospital, drinking alcoholic beverages;
Use of heating and other electrical appliances in department wards;
Failure to comply with doctor’s recommendations, taking medications at your own discretion, storing them in the ward;
Failure to appear or late attendance at a doctor's appointment or procedure;
Failure to comply with the requirements of medical personnel when performing various procedures;
Unauthorized departure from the department without notifying medical personnel and permission from the head of the department;
Rude and disrespectful attitude towards staff and other patients;
Failure to comply with the sanitary-epidemiological and security regime.

If the regime and internal regulations are violated, the person caring for the child may be discharged from the hospital. In this case, a note about violation of the regime will be included in the certificate of incapacity for child care. The territorial health authority that referred you for treatment will also be informed.

Where to go in case of refusal

Despite the doctors’ statements, at what age do children lie alone in the hospital, according to the law you have the right to insist on your own, since the law is on your side.

If the attending physician refuses, you can contact the head of the department or the head physician of the hospital.

If they also refused to stay with the child, you should contact the insurance company whose phone number is indicated on the medical policy.

You can also complain to the Department of Health or the Compulsory Medical Insurance Fund, which have departments to protect the rights of insured persons.

Write complaints to the head of the medical institution, the insurance company and the prosecutor's office. Describe in them all the violations committed against you, and also demand that you be informed in writing about the measures taken.

In such cases, it is recommended that complaints include a separate paragraph asking not to send the document to an institution that is interested in concealing the violations committed (to a hospital).

Who needs help

Photo: depositphotos/AndrewLozovyi

A memo on what to do if children are left unattended while their parents are in the hospital was developed by lawyers from the capital’s family centers. The algorithm of actions is not suitable for all cases: social services and law enforcement agencies will work with “cuckoo mothers”.

The information published by the Department of Labor and Social Protection is intended mainly for single-parent families who need emergency assistance in caring for minors. And it applies not only to cases of hospitalization specifically because of COVID-19; the mechanism works for any hospitalization, even planned.

It may happen that a mother, father or guardian, raising a child alone, ends up in the hospital, which is especially important in modern realities. The child will need supervision and company - in the form of grandparents, other relatives or close family friends. This would be the best and least stressful option for the child.

However, help may not arrive immediately or may not be available at all due to various circumstances. There is no need to worry: social services will do everything possible not to leave the baby in trouble.

An exception

There are exceptions to every rule and law . This even applies to legislative norms that stipulate at what age children are admitted to the hospital without their parents.

For example, when a child is in intensive care or an infectious diseases department . In these cases, the head physician himself determines the frequency and duration of parental visits.

Do not forget that parental consent is required for any medical intervention.

But there is also an exception to this rule - when there is a real threat to the life or health of the child (in case of serious injury, after an accident, etc.).

2 comments on the article “Until what age do children stay in the hospital with their parents?”

10/30/2018 at 15:37
Anonymous writes:
My son turned 4 years old when we were denied hospitalization. I was told to leave the child alone or look for another hospital. Now we are 5 and he tolerates the procedures they do for us very hard, he is allergic to the contrast agent, has a high fever and starts vomiting. Danil has meganephrosis of the right kidney and requires surgery. What should we do? Udmurtia, Krasnogorskoe village. mother Yulia.
Answer
10/07/2019 at 18:46
Julia writes:
Read also: How much does it cost to apply for an inheritance from a notary
When we were 4, we were denied hospitalization as a child, now we are 6. Can I stay with my child in the hospital?
Answer