The parent holding sole legal custody has the exclusive right to make the decisions relating to the health and welfare of the child. This person alone would be able to consent for treatment on behalf of the minor, unless the minor is able to consent on their own.
Full Answer
Does a minor need parental consent to see a psychologist?
Whilst the consent and involvement of both parents is usually desirable, there is no legal or ethical imperative on the psychologist to contact the other parent before commencing a therapeutic relationship with the child. The psychologist is legally and ethically permitted to assume, prior to the first appointment, and the parent making the appointment has the authority and consent to do so.
When can you treat minors without parental consent?
In general, medical treatment may not be provided to a minor under the age of 18 without consent from a parent or guardian, except in the cases listed below. There are certain cases in which Israeli law allows minors of a certain age, to decide for themselves - without parental consent - to undergo or refrain from medical treatment.
What are the consequences for treating a minor without consent?
The idea is that the treatment prompts a seizure-like fit, to ‘reset’ the brain’s malfunctioning circuitry that causes depressive and psychotic thoughts and behaviour — although the biological process for this has never fully been explained. Every year around 2,500 people in the UK receive ECT.
What age can a minor be treated without parental consent?
Minors who are 15 years or older are able to consent to medical and dental services without parental consent. This includes hospital care, as well as medical, dental, optometric and surgical diagnostic care. This would include services such as: • Treatment for illnesses or injuries (colds, sprained ankle); • Sports or camp physicals;
What is the meaning of parents consent?
Parental consent may refer to: A parent's right to give consent, or be informed, before their minor child undergoes medical treatment. See informed consent for such legislation in general, or minors and abortion for legislation relating specifically to abortion.
Do parents have to give consent?
As with every rule, there are exceptions to the parental permission requirement. Some states, like California, allow minors to give consent to treatment for things like substance abuse or mental health treatment as young as 12.
Why is parental consent important?
Parental consent is something that needs to be requested before adults can carry out any activity with a child. Since minors cannot make binding decisions for themselves, you would need to obtain formal authorization from parents or guardians before their wards can take part in some activities.
Why is parental consent important in healthcare?
Ensuring Minors' Access to Health Care "Minors' consent laws are extremely important," argues Abigail English, director of the Center for Adolescent Health and the Law. "They encourage young people to seek the health care services they need and enable them to talk candidly with their providers."
Can a doctor treat a child without parental consent?
You can provide medical treatment to a child or young person with their consent if they are competent, or with the consent of a parent or the court. You can provide emergency treatment without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.
Does parental responsibility mean access?
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child's property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing.
What does informed consent mean in child care?
Informed consent means that a person understands their condition and its proposed treatment. People usually give their own consent to treatment. Without the information that relates to their medical condition and treatment, a person can't make a fully informed choice and give valid consent for their medical treatment.
What responsibility does a parent have with regard to discipline?
Ultimately, parents must maintain discipline and control of their children's behavior, whether at school or away from school. The parental duty in this regard includes direct responsibility for all aspects of children's conduct and financial liability for their misconduct or negligence.
When can a child consent to medical treatment?
Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
What is the ethical basis for informed consent?
Autonomy is the basis for informed consent, truth-telling, and confidentiality. A model to resolve conflicts when ethical principles collide is presented.
What is the age limit for minors to consent to treatment?
In several states, such as Vermont and California, this right is granted to minors as young as 12.2
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding?
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding privacy are discussed. Typically, the right to consent to treatment goes hand-in-hand with the right to confidentiality. While it is important to honor a patient’s privacy rights, a minor’s health situation may be such that it is preferable (or even necessary) to make the minor’s parents aware. As such, minor patients should be told up front that there may be times when you will not be able to honor their requests for confidentiality. “In cases when the physician believes that without parental involvement and guidance, the minor will face a serious health threat, and there is reason to believe that the parents will be helpful and understanding, disclosing the problem to the parents is ethically justified. When the physician does breach confidentiality to the parents, he or she must discuss the reasons for the breach with the minor prior to the disclosure.”3
How old do you have to be to give consent to a patient?
In most states, age 18 is the age of majority and thus, before treating a patient under the age of 18, consent must be obtained from the patient’s parent or legal guardian. This seems relatively straightforward; however, with today’s reality of blended families and children being chauffeured around by nannies and other caregivers, it is not always easy to determine who is accompanying the patient and whether he or she has legal authority to grant consent. In order to avoid confusion, consider the following:
What age can a minor be emancipated?
Court-ordered emancipation. A child under the age of 18 who lives independently without the support of parents and makes his or her own day-to-day decisions may petition the court for emancipation. If granted, the minor will have the same legal rights as an adult, including the right to consent to (and refuse) medical treatment. If a minor patient advises you that he or she is emancipated, obtain a copy of the decree to place in the patient’s record.
What to do if a minor is in custody of a legal guardian?
If the minor is in the custody of a legal guardian, ask for proof of guardianship before treating.
When a parent or guardian is not available to give consent and a delay in treatment would be life answer?
When a parent or guardian is not available to give consent and a delay in treatment would be life-threatening or cause the patient serious harm, consent is presumed. To the extent feasible, however, consent should be obtained for any resultant ongoing treatment.
Who is the legal guardian of a minor?
There may be minor patients for whom a guardian ad litem or legal guardian has been appointed to represent the interests of the minor. In these instances, it is often a state agency that has legal custody of the minor and is the legal guardian. The responsibilities and limits of authority of the guardian will be stated in a court order. Obtain a copy of the court order and examine it carefully prior to treatment to determine any limits on the ability of the legal guardian to consent to treatment of the minor patient.
What happens if a minor is unable to consent to their treatment?
If a minor is unable to consent to their treatment because the therapist finds that they lack the necessary intelligence or maturity to participate in psychotherapy, the therapist needs to obtain consent from the appropriate legal guardian (s) (see above). Clinical Perspective.
What should a therapist consider when treating a minor?
In addition to the legal perspective, a therapist should also consider what is needed clinically to best assist a minor client. Each situation is fact-dependent, and the therapist should consider the potential benefits and risks associated with involving parents/legal guardians in the child’s treatment.
What happens if the rights of the alleged father are not established?
If in this scenario the rights of the alleged father have not been established and there have been no challenges to the natural mother’s legal custody, then the mother would have “sole legal custody.” The parent holding sole legal custody has the exclusive right to make the decisions relating to the health and welfare of the child. This person alone would be able to consent for treatment on behalf of the minor, unless the minor is able to consent on their own.
What happens if two adoptive parents have joint custody?
If in this scenario two adoptive parents hold joint custody, either party has the right to make the decisions relating to the health and welfare of the child. So either party would be able to consent to the treatment of the minor, unless the minor is able to consent of their own.
What happens if there is only one adoptive parent?
If in this scenario there is one adoptive parent, that person would have “sole legal custody.” The parent holding sole legal custody has the exclusive right to make the decisions relating to the health and welfare of the child. This person alone would be able to consent to the treatment of the minor, unless the minor is able to consent on their own.
What happens when you have joint custody of a child?
In a scenario where parents hold joint custody, either party has the right to make the decisions relating to the health and welfare of the child. So either party would be able to consent to the treatment of the minor, unless the minor is able to consent on their own.
Do adoptive parents need documentation?
In a scenario where one or more adoptive parents are involved, the adoptive parent that is requesting therapeutic services from the clinician may need to provide documentation to support their legal right to consent to the treatment of a minor.
What is consent for minors?
Adobe PDF. The medical consent for the treatment of a minor is a simple but important document that grants authority to a designated adult to care for the child of the signatory in the case of a medical emergency. The authority is temporary, the start and end date will be provided within the document. As it is not always possible ...
What is a temporary authority?
The authority is temporary, the start and end date will be provided within the document. As it is not always possible or practical to contact the parents or legal guardians of a child when there is a medical emergency, this document allows the designated adult to provide minor first aid and seek emergency treatment as they deem necessary.
What is the legal authority of a minor to refuse medical care?
If none of the 3 scenarios described previously (emancipation, mature minor, or condition-specific exceptions) are applicable, then the minor has no legal authority to either provide consent or refuse medical care. Regardless of whether a child has the legal authority to provide or withhold consent, it is always prudent to attempt to get the child's agreement or assent to treatment and transport. This approach respects the personal dignity and self-determination of the child/patient and minimizes confrontation. A willingness to provide the child with some control and some choice might allow for a compromise that allows transport personnel to achieve a safe transfer. Using force or restraint to evaluate, treat, or transport a child should be reserved only for those situations in which all efforts to negotiate respectfully with the child have failed and the child is at risk of serious harm if he or she is not restrained. In these unusual circumstances, appropriate measures should be taken to ensure the safety of the patient.
What are the 3 situations in which a minor, rather than his or her parents, has the legal authority to make?
There are 3 situations in which a minor, rather than his or her parents, has the legal authority to make decisions regarding his or her health care : emancipation; the mature minor exception; and exceptions based on specific medical conditions. In fact, every state has enacted minor consent statutes that address some or all of these exceptions to the “general rule.” 21, 22
What is an emancipated minor?
In general, an emancipated minor can function as an adult, independent from his or her parents, with regard to consent for medical evaluation and treatment. 23 Children who are legally emancipated may give consent for medical treatment and transport. They may also refuse medical care and/or transport. Although emancipated minor laws vary from state to state, most states recognize minors to be emancipated if they are married, economically self-supporting and not living at home, or on active-duty status in the military. In some states, a minor who is a parent or who is pregnant might also be considered emancipated. Other states might require a court to declare the emancipation of a minor.
What is the legal basis for taking action in an emergency when consent is not available?
The legal basis for taking action in an emergency when consent is not available is known as the “emergency exception rule.”
What is the burden of proof for a minor?
Any time a minor is treated without consent, the burden of proof falls on the professional who is evaluating, treating, or transporting the child to justify and document that the emergency actions were necessary to prevent imminent and significant harm to the child. In addition to actions necessary to save a person's life and prevent permanent disability or harm, the treatment of fractures, infections, pain, and other conditions may broadly be considered as emergent conditions that require treatment. As a general rule, health care professionals should always do what they believe to be in the best interest of the minor. The emergency exception exists to protect the health care professional from liability with the assumption that if the parents were present, they would consent to treatment. 20 The professional must clearly document in the child's record the nature of the medical emergency and the reason the minor required immediate treatment and/or transport and the efforts made to obtain consent from the patient's legal guardian, if unavailable. 15
Can EMS providers contact their parents?
EMS providers and EMS medical directors caring for minors might find it difficult or impossible to make real-time contact with parents or legal guardians of patients, despite the increased availability of communication tools in the prehospital environment (eg, cell phones). Although most EMS systems promote a good-faith effort on the part of the prehospital provider to make contact with the parents and legal guardians of minors, many systems do not have formal policies addressing the lack of informed minor or parental consent. If at all possible, an assessment should be performed to determine if there is a medical emergency, and medical consultation should be sought if the emergency medical technicians are unclear about whether a threat to life or limb exists. If parents are present or accessible and refuse care for their injured or ill child, they must be informed of the risk of not transporting a sick or injured pediatric patient, which might include death or permanent disability. Regardless of religious beliefs or parental desires, every attempt should be made to treat and/or transport a child with a life-threatening emergency or if providers suspect child abuse. EMS providers should involve medical control early in these situations and use law enforcement resources as necessary to ensure that the patient receives the necessary emergency stabilization and transport.
Can a minor consent to a medical procedure?
Unless a minor is allowed to consent under the law, health care professionals should consider delaying all nonurgent diagnostic and treatment decisions until the parent or legal guardian can be reached for informed permission or consent.
Who can give custody of a child?
Legal custody may be awarded to one parent (sole custody) or to both parents (joint custody).
What happens when one parent brings a child in for care?
Often, one parent will bring the child in for care and then the other parent will call concerned or angry that they were not consulted before care was rendered, claiming they would not have approved what was done. Webinar: Skills to Survive and Thrive in Private Practice.
What is the best way to resolve custody conflicts?
So in order to resolve custody conflicts in deciding who may give the consent to treat, it is wise to request a copy of the court order relating to custody. This will state the rights of both parents and should be retained in the child's medical record.
What are the two types of custody?
In a nutshell, there are two types of custody arrangements: physical custody and legal custody . Physical custody means the child lives with that parent and is under his or her supervision. However, physical custody does not always give that parent the legal authority to consent for the child.
When Can a Minor Consent to their Own Treatment
Generally, minors in Texas do not have the capacity to consent to medical treatment. However, certain exceptions exist.
Consent by Unrelated Adults
Parents have the power to consent to medical treatment for a minor. And Texas does allow certain non-parents to consent to treatment when a parent or guardian can’t be contacted.
What to Include on the Consent Form
Texas law provides that an authorization for a non-parent to give consent for health care treatment must be in writing, signed by the person giving consent, and presented to the physician. The authorization must include:
Additional Information to Include
In addition to the above, I recommend that you include some additional information. You know your children’s doctors, dentist, orthodontist, and any medical regimen they are on, but the adult to whom you’ve entrusted your child may not.
What if there is a Life-Threatening Emergency
Texas law does not require consent in emergency circumstances where it is not possible to reach a parent or guardian.
What are the consequences of denying medical care to a parent?
Possible Consequences for the Parent. A parent who denies his or her child necessary medical care could face the following consequences: · Loss of custody. The state may find that the parent is neglecting the child and place the child in state custody in order to protect the child. · Criminal charges.
What are some examples of medical decisions parents make?
For example, parents need to decide when to seek medical care and treatment for their sick child or whether or not to vaccinate a healthy child. What seems like an easy decision for one parent is often a difficult decision for another parent.
What is the expected outcome of a treatment?
The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life; The child would die without the treatment; and. The parent is refusing consent for the treatment. If any of the criteria described above are not present in a given case then many states will defer to the parent’s decisions regarding medical ...
Can a state make medical decisions for a minor?
When the State Can Make Medical Decisions for a Minor Child. State laws typically give much leeway to parents and allow them to make medical decisions for their own children unless their decisions endanger the life of a child. Many courts will allow a state child protection agency to make medical decisions for a child if:
Can adults refuse medical care?
Adults have the right to refuse medical care for religious or personal reasons . However, they may not impose religious practices or personal beliefs which endanger the welfare of a child on minor children. Instead, most states require parents to provide a reasonable degree of medical care for their children or else face legal consequences.
Who is entitled to protection?
Children are entitled to protection. Often, that protection comes from their parents. However, when it does not then the state has the responsibility to step in and act in the best interest of the child until such time as the parent is deemed capable of protecting the child or the child reaches the age of majority.
Can a parent refuse hospice care?
For example, if a child has a terminable condition and several doctors are in agreement that treatment is no longer beneficial for the child then the parents have the right to refuse treatment and seek hospice care for their child.