If a minor is not able to consent to treatment on his or her own behalf (state laws vary widely in this regard), then generally, consent must be given by a parent or guardian, or under certain circumstances, by both parents. In an intact family, the general rule is that either parent may consent to the child’s treatment.
Full Answer
Why do States take away custody from parents with mental illness?
The major reason states take away custody from parents with mental illness is the severity of the illness, and the absence of other competent adults in the home. [2]
What are a parent's rights if they do not have legal custody?
A parent who does not have legal custody, whether sole or joint, will generally have limited rights with respect to their minor child – such as limitations regarding the authorizing or consenting to care and accessing the medical or mental health records of the child. State laws vary widely with respect to the extent of such limitations.
How does joint legal custody affect mental health?
When parents have joint legal custody, ask to see the actual court-ordered custody agreement to determine whether the other parent must be notified if one parent seeks mental health services for the child, and/or whether they must both agree about obtaining mental health evaluation and/or treatment.
Does the other parent have to consent to therapy?
In an intact family, the general rule is that either parent may consent to the child’s treatment. Typically a therapist or counselor may want to get the consent of the other parent, or may want to inform the other parent of the treatment, but at other times, such action may not be possible or warranted.
What happens if parents disagree on medical treatment?
If your child's legal custodian refuses a life-saving or life-improving medication, surgery, vaccine, or other medical procedure and you disagree, you can petition the court for intervention.
Do both parents have to agree on medication?
Solutions for Medication Disputes If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions.
Does depression affect custody?
Many parents with depression or anxiety still have custody of their children. Whether depression or anxiety will cause you to lose custody depends on the severity of your symptoms. For example, if depression or anxiety makes you unable to leave home to take your children to school, the judge might change custody.
Can borderline personality disorder affect custody?
These symptoms are often worse when someone with BPD is going through a stressful life event. Due to the stress of divorce and a child custody battle, your spouse with BPD may have difficulty executing good judgment and behaving rationally.
When parents disagree with doctors on a child's treatment who should have the final say?
In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody. In these instances, parents typically must come to an agreement regarding medical decisions.
Do you need parental consent for ADHD medication?
If the sole custodian refuses to give prescribed medication, then the other parent can return to court and ask the sole custodian be required to administer the medication. Conversely, the sole custodian does not need the other parent's permission to give medicine to the child.
Can mental health be used in family court?
Mental illness doesn't disqualify a parent It will, however, likely influence the decision. If it negatively impacts parenting ability or the relationship with the child, the court takes that into account when determining parenting time.
What is malicious parent syndrome?
In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.
Can being on antidepressants affect child custody?
While taking antidepressants in itself should not preclude you from getting custody of your children, you may need to show the court that: You are taking the medication as lawfully prescribed. The depression is not interfering with your ability to parent.
How do you prove someone has borderline personality disorder?
The 9 symptoms of BPDFear of abandonment. People with BPD are often terrified of being abandoned or left alone. ... Unstable relationships. ... Unclear or shifting self-image. ... Impulsive, self-destructive behaviors. ... Self-harm. ... Extreme emotional swings. ... Chronic feelings of emptiness. ... Explosive anger.More items...
How do you Coparent with BPD?
Empathize, listen, and acknowledge how they feel. BPDs, like all of us, want to feel heard. ... Manage your own emotional reactivity. ... Don't take things personally. ... Beware of splitting. ... Tell your kids the truth — in age-appropriate doses. ... Be consistent with limit setting. ... Practice self-care. ... Read More:
How do I co parent a narcissist?
Tips for co-parenting with a narcissistEstablish a legal parenting plan. ... Take advantage of court services. ... Maintain firm boundaries. ... Parent with empathy. ... Avoid speaking ill of the other parent in front of the kids. ... Avoid emotional arguments. ... Expect challenges. ... Document everything.More items...•
When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions
When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions about the best course of action. In these situations, the parents may not always agree on what is best for the child.
What happens when parents share decision making power?
If parents share decision-making power, then both parents will have to come to an agreement about how the child should be treated.
Why is it important to negotiate a parenting plan?
For that reason, it is important to negotiate a parenting plan that clearly delineates each parent’s responsibilities in case of an injury, illness, or other medical emergency.
Can a parent have custody of a child in Florida?
In Florida, a parent may have legal custody, physical custody, or both types of custody over a child. Parents can also share these types of custody jointly. Physical custody refers to having actual parenting time with the child, whether that means that the child lives with the parent full time, or has schedule visitation periods.
What are the emotional ties of a child?
The child's emotional ties to each parent; Each parent's ability to support the child and care for them ; Any history of spousal abuse, child abuse, or sexual abuse; Any history of alcohol or drug abuse; and. The child's ties to their school, friends, extended family members and the community.
Can two parents come to terms over custody?
There are circumstances where two perfectly good parents simply cannot come to terms over a child custody and visitation agreement, this is one of the most common reasons for a contested divorce. Under California law, the judge is required to award custody based on the "best interests of the child." In order to determine which parent is better suited the judge will evaluate:
What is legal custody?
The specified times each parent will spend with a minor child and which parent (s) can make major decisions about a child’s welfare. Legal custody. A parent’s right to make major decisions about a child’s welfare, including medical care.
Can a parent with legal custody of a minor child have medical treatment without first asking or informing the other parent
K received a legally sound response from hospital administrators: a parent who has legal custody may authorize medical treatment for a minor child without first asking or informing the other parent. But Dr. K feels unsatisfied because the hospital didn’t provide what Dr. K sought: a clinically sound answer.
Can a minor give consent to a medical procedure?
A minor—defined in most states as a person younger than age 18—legally cannot give consent for medical care except in limited circumstances, such as contraceptive care. 1, 2 When a minor undergoes psychiatric hospitalization, physicians usually must obtain consent from the minor’s legal custodian.
Do married parents have legal custody of their children?
Married parents both have legal custody of their children. They also have equal rights to spend time with their children and make major decisions about their welfare, such as authorizing medical care. When parents divorce, these rights must be reassigned in a court-approved divorce decree.
What is sole legal custody?
SOLE LEGAL CUSTODY: The parent with sole legal custody has the right to seek mental health evaluation. and/or treatment of child without consent from the non-custodial parent. JOINT LEGAL CUSTODY: When parents have joint legal custody, ask to see the actual court-ordered custody agreement to determine whether the other parent must be notified ...
Do you have to involve both parents in mental health?
Ethics texts recommend making it a rule to involve both parents whenever mental health services are being provided to a child. Even if one parent lives far away, it is possible to obtain written consent and gather information from that parent by phone.
Can a minor get mental health treatment in Virginia?
However, in Virginia, minors also have the right to seek outpatient mental health treatment on their own, without parental consent, and “shall be deemed an adult” for the purposes of consenting to receive those services. [See Virginia Code §54.1-2969 .]
Why do states take custody of mental patients?
The major reason states take away custody from parents with mental illness is the severity of the illness, and the absence of other competent adults in the home. [2] . Although mental disability alone is insufficient to establish parental unfitness, some symptoms of mental illness, such as disorientation and adverse side effects from psychiatric ...
What is the percentage of parents with mental illness losing custody of their children?
Custody loss rates for parents with mental illness range as high as 70-80 percent , and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness. Studies that have investigated this issue report that:
How does mental illness affect families?
Parental mental illness alone can cause strain on a family; parental mental illness combined with parental custody fears can cause even greater strain. Such strain, as well as the lack of specialized services for families in the child welfare system and the overall stigma associated with mental illness, makes it difficult for families to get the help they need. With the right services and supports though, many families can stay together and thrive. The following efforts by advocates can help families living with mental illness maintain custody and stay intact: 1 Help parents become educated about their rights and obtain legal assistance and information 2 Advocate for parents as services plans are developed and assist adult consumers to develop their own self-care plans and advance directives to strengthen their parenting skills and manage their own illness 3 Enable parent-child visitation during psychiatric hospitalization to maintain the bond between parent and child 4 Train child protective services workers to better understand parental mental illness 5 Educate the legal system about advances in the treatment of serious mental illness 6 Advocate for increased specialized services for parents with serious mental illnesses available through the court system
How can advocates help families living with mental illness?
The following efforts by advocates can help families living with mental illness maintain custody and stay intact: Advocate for parents as services plans are developed and assist adult consumers to develop their own self-care plans and advance directives to strengthen their parenting skills and manage their own illness.
What is the adoption and safe families act?
This legislation is the first substantive change in federal child welfare law since the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272.4 It is intended to achieve a balance of safety, well-being, and permanency for children in foster care. It requires that state child welfare agencies make "reasonable efforts" to prevent the unnecessary placement of children in foster care and to provide services necessary to reunify children in foster care with their families. ASFA establishes expedited timelines for determining whether children who enter foster care can be moved into permanent homes promptly—their own familial home, a relative's home, adoptive home, or other planned permanent living arrangement.
What is advocate for parents?
Advocate for parents as services plans are developed and assist adult consumers to develop their own self-care plans and advance directives to strengthen their parenting skills and manage their own illness. Enable parent-child visitation during psychiatric hospitalization to maintain the bond between parent and child.
What percentage of foster families in New York are mental?
In New York, 16 percent of the families involved in the foster care system and 21 percent of those receiving family preservation services include a parent with a mental illness.
What is the Child Custody Act?
The Child Custody Act ¹ provides somewhat contradictory language regarding the authority of each parent with joint legal custody. The Act states that “ [D]uring the time a child resides with a parent, that parent shall decide all routine matters concerning the child.” ² However, in the same provision of the Act, ...
What is therapy in parenting?
Many parents argue that therapy is a routine matter which they may decide to employ when the children are in their care. Others would argue that therapy is a major decision in which the parties should consult and agree on a course of action and the therapist.
Can a minor child be treated without consent?
Therefore, mental health professionals should use caution in treating a minor child without consent from both parents when the parents share joint legal custody, even when one parent has sole physical custody.
Who gets to decide?
In Pennsylvania, legal custody refers to “the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.” If both parents share legal custody, they must decide together what is in the best interest of their child.
How can parents resolve a conflict?
Most of the time, if the courts have awarded joint legal custody it is because they assume the parents will be able to work together to resolve conflict surrounding the care of their children.
What rights do parents have if they don't have custody of their child?
A parent who does not have legal custody, whether sole or joint, will generally have limited rights with respect to their minor child – such as limitations regarding the authorizing or consenting to care and accessing the medical or mental health records of the child. State laws vary widely with respect to the extent of such limitations.
What to do if parents cannot agree to therapy?
If they cannot agree, let the attorneys or the parties themselves work it out, perhaps with court oversight or involvement . It can be very disruptive to therapy and to the practitioner to be in the middle of a fight between two parents over whether or not treatment was appropriately authorized.
What is a visitation dispute?
Divorce (marital dissolution), child custody, and visitation disputes often involve very contentious parties who will not be hesitant to complain about a therapist or counselor who treats their minor child without appropriate consent. Litigating parties sometimes have a misunderstanding about custody and control issues, including consent to treat, and sometimes they will try to scare the therapist or counselor into doing something that may not be in the patient’s best interests (or the best interests of the counselor or therapist).
Can a parent consent to a minor child?
Stated otherwise, the general rule is that either parent may authorize or consent to treatment of their minor child unless the court order specifies otherwise. The court order will sometimes specify those circumstances when the consent of both parents is required, or when other conditions are placed upon the right of a joint custodian ...
Is there a marriage and family therapist in California?
Currently, about half of the licensed marriage and family therapists in the country are licensed in California. While at CAMFT, Richard was primarily responsible for, among other things, the successful effort to criminalize sex between a patient and a therapist.
Do you need consent from both parents for a termination?
The consent of both parents was acquired prior to commencement of treatment, and now the consent of both parents should be required for a termination. If the minor is a patient who under applicable state law can consent to his or her own treatment, the therapist’s decision to continue treatment is easier to make.
Who is the sole legal custodian?
The sole legal custodian is generally viewed as the one who has the right and the responsibility to make the decisions related to the health, education and welfare of the child. “Physical custody” is simply about whom the child resides with – sometimes referred to as the residential parent or the custodial parent.
Decision-Making Power
Emergency Situations
- When a child needs medical attention, the parent with the decision-making power should control the child’s treatment options. If parents share decision-making power, then both parents will have to come to an agreement about how the child should be treated. However, there is an exception to the decision-making power rules. If the child is seriously ...
Conflicts Between Parents
- When a child is dealing with a long illness or serious injury, the parents may need to make multiple treatment decisions about the best course of action. In these situations, the parents may not always agree on what is best for the child. If this situation occurs when one parent has limited decision-making power, then the solution is simple: the parent with full decision-making power g…
Help For Parents
- Sick and injured children need the full support of both of their parents. For that reason, it is important to negotiate a parenting plan that clearly delineates each parent’s responsibilities in case of an injury, illness, or other medical emergency. At the Law Office of Jonathan M. Galler, P.A., we know how important the health of your children is to your family. If you need assistanc…