Methodological Instruction of the Ministry of Health on the presence of legal representatives and close persons with children during the provision of health services

27. 6. 2023 | Articles

The child has the right to have a legal representative present at all times during the provision of health services. Providers of these services are obliged to allow the legal representative to stay with the child who is hospitalised. However, this is not always possible due to operational and space constraints. This right concerns the presence of both legal representatives.

When exactly can a guardian be present with his/her child?

In the provision of health services, i.e. both outpatient and inpatient care.

We have prepared an overview of typical situations that may arise from this perspective when providing health services to children.

Presence of a legal representative:
  • in the patient room
    • if the equipment and situation allow, the health service provider should allow the legal representative to do so
    • an exception could be, for example, an infectious disease ward
  • in the provision of intensive care
    • may be conditional, for example, on the use of protective equipment (protective suit, drape or cap, etc.)
  • during preoperative preparation
    • if circumstances and facilities permit
    • this is not possible when performing surgical procedures
  • father in the newborn after birth
    • if the newborn is taken from the delivery room (or operating room) for examination or treatment, at least one of the legal representatives should be allowed to be present
    • if the mother is hospitalized in the same facility as the child and cannot be present with the child for health or other reasons, at least the father is allowed this right
    • if the mother and child are sharing a room, the other legal guardian is allowed as much contact with the child as possible
    • However, the right to privacy of other patients must be respected
  • in the provision of psychiatric care
    • the appropriateness of the presence of a legal guardian should be assessed, and increased consideration should be given to the child’s opinion and wishes and to the rights of other patients
    • activities may be identified for which the participation of the legal guardian is not therapeutically appropriate (e.g. participation in the community)
  • when performing resuscitation
    • if the presence of the legal representative does not prevent the provision of resuscitation and other emergency life-saving care
  • when transporting a child
    • the presence of the legal representative may be limited for spatial or technical reasons (e.g. helicopter transport)
    • this option is decided by the person responsible for safety and compliance with all relevant regulations
The right to the presence of a legal representative is not absolute and may be limited in justified cases.
The presence of a legal representative is possible if:
  • has not been excluded or restricted by the Health Services Act or other legislation
  • does not interfere with the provision of health services to the child or other patients
  • does not unduly interfere with the rights of other patients
  • is carried out in accordance with the internal rules of the provider
Does the child have any say in this?

Yes, the child’s wishes must be respected if he or she is capable of making such a decision and understanding its consequences. A child who is capable of assessing the nature of his or her actions and their consequences may express the wish that a specific legal representative or a person close to the child should not be present, either at all or only for a certain period of time. The child may, of course, revoke such a decision at any time.

Am I gonna pay something for this?

The health service provider may claim reimbursement for the costs incurred to enable the exercise of this right (e.g. costs of training medical staff, briefing of the child’s escort, costs of providing supervision), but can never claim reimbursement for the actual exercise of the right to be accompanied by the child during the provision of health services.

Staying in a health facility together with the child is covered by public health insurance until the child is 6 years old.

For older children, the stay is paid for by the legal guardian, unless the health insurance company agrees.

This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.

If you would like more information in this regard, please do not hesitate to contact us.

The full text of the methodology can be found here:

Methodological instruction on the presence of legal representatives and close persons with children during the provision of health services – Ministry of Health (mzcr.cz)