What is the Supreme Court's parental rights doctrine?
May 28, 2009 · While the Hauser case is an example of the court going against parents' wishes, there are several cases, like the Maxins, where courts have allowed families to reject a doctor's recommendations for...
What are the rights of a child’s parents under the law?
MOTHER DOE and FATHER DOE are concerned that § 63.2-1517 [4] of the Code of Virginia, does not provide adequate protection against what could be highly disruptive and harmful to their family unit and to the health, safety and welfare of INFANT DOE and infringes upon their fundamental liberty interest guaranteed by the United States Constitution. § 63.2-1517 …
Who has the right to decide when a child needs medical treatment?
Feb 12, 2015 · Vega, that there exists a common law right to self-determination, including the right to refuse medical treatment for competent adults, even when that determination includes refusal of treatment to sustain life. Until 18, children are not considered “competent adults” for purposes of making such self-determinations, which are vested until such time in the child’s …
Can a court order a parent to terminate their parental rights?
While adult patients are generally thought to have an absolute right to refuse medical treatment for themselves, we don’t usually think that parents can refuse all medical treatment for their children. As an example, in February 2017, a couple in Michigan refused medical treatment for their jaundiced newborn baby, Abigail.
Which amendment protects the right of parents to make decisions concerning the care, custody, and control of their children?
In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children, [9] including medical treatment decisions.
Why is it bad for a child to be ripped from his parents?
Nothing could be more harmful to a child than the government ripping that child from his/her parents simply because the government thinks it knows better, labeling a parent as unfit because the parent has the audacity to have a different opinion regarding what is in the child's best interest.
Does methotrexate prevent cell division?
2 In general terms Methotrexate prevents cell growth and division by replacing folic acid needed for that growth and cell division because its structure is very similar to folic acid. (See Attachment A). 2 Vincristine is a cancer (antineoplastic) medication.
How long can a child be in custody?
A physician or child-protective services worker of a local department or law-enforcement official investigating a report or complaint of abuse and neglect may take a child into custody for up to 72 hours without prior approval of parents or guardians provided: 1.
Does methotrexate cause toxicity?
2 Methotrexate has a general toxicity because it affects all rapidly dividing cells, such as those in the intestinal mucosa and prevents the production of tetrahydrofolate from folic acid in all tissues. Tetrahydrofolate is a necessary compound in many biosynthetic pathways, not just the synthesis of DNA.
What happens if a parent refuses medical care for a minor?
When parents refuse necessary or life-saving care for their child, they could face serious legal consequences as well. States often refer to this as medical neglect and have laws against it.
Can adults refuse medical care?
Adults have the right to refuse their own medical care for religious or personal reasons. However, this legal right to refuse medical care does not extend to their children if it endangers the child’s welfare.
Can a parent lose custody of a child without parental consent?
Even parents without existing parental custody agreements may lose visitation access. In some cases, the custody order may be temporary, and the parents can regain custody. However, in more extreme cases, a court order may permanently terminate their parental rights.
What do parents do when their child is sick?
When a child is sick, parents need to decide when to see a physician or agree to a course of treatment. Other medical decisions are preventative, such as whether to vaccinate a healthy child. What seems like an easy decision for one parent is often a difficult decision for another.
Is a 16 year old considered a minor?
Typically, states view 16 or 17-year-olds as non-minor children. Non-minor children are often considered as having the capacity to understand the information provided by a physician and make the appropriate decisions for their own lives.
Can a minor be a minor in another state?
States have different laws on the age of consent for medical procedures, so a minor in one state may not be considered a minor in another. This could have major implications for the parent’s decision-making ability and whether the state can intervene at all. Depending on the state, teenagers may have the ability to go to a doctor’s office on their ...
What is the right of parents to make decisions for their children?
The Supreme Court of the United States has long upheld the right of parents to make decisions for their children based on religious grounds . Generally, when the physical or mental health of the child is not at stake, states and courts defer to the decisions of the parents. For medical decisions, mental or physical health will always be at stake, so a different balancing process must be employed to ensure that the state carries out its duty to protect its citizens but does not infringe on the rights granted to individuals by the First Amendment to the Constitution.
What is the end result of a court battle over the provision of medical treatment?
The end result of a court battle over the provision of medical treatment depends on the type of objection—religious or secular, the proposed treatment and the prognosis for survival with and without treatment. Religious objection to standard medical therapy is often legally valid when the treatment is more likely to fail than succeed. Respect for religion has forced courts to recognize that medical decisions are not always scientific—many people rely on faith to heal them. On the other hand, the right to refuse treatment based on religious objection is not absolute. In cases where adherence to religious tenets that prohibit standard, life-saving care, e.g., blood transfusion, would almost certainly lead to a child’s death, the courts have decided that parents cannot make martyrs of children who are too young to have consented to embrace the faith.
Who is Lee Black?
Lee Black, LLM is a policy analyst for the Council on Ethical and Judicial Affairs at the American Medical Association in Chicago, Illinois. Prior To joining the AMA, he was a staff attorney with the Legislative Reference Bureau in Springfield, where he drafted legislation for the Illinois General Assembly.
Can a doctor overrule a parent?
The second set of circumstances in which parents can be overruled by medics concerns matters of life and death. It is recognised in English law that doctors can simply administer life-saving treatment when a minor patient or a patient without capacity refuses, or the parents of a child patient have refused to follow medical advice .
Can a patient refuse medical treatment?
In general, any patient can refuse treatment from medical practitioners, however, the situation is not as straightforward where children are concerned.
Do children have the right to decide for themselves?
In English law, children do not legally have an absolute right to decide for themselves whether to accept treatment. Older children, who have not yet reached the age of 18, can be deemed to have “Gillick competence”, which can enable them to override their parents’ views.
Can a local NHS trust apply to the High Court for an order that treatment will proceed despite the objections of
Thirdly, the local NHS Trust can apply to the High Court for an order that treatment will proceed despite the objections of parents . This can happen if medical practitioners believe a child will suffer significant harm if they do not undergo treatment and the parents of the child in question do not consent.
What is the duty of a medical practitioner?
Medical practitioners with concerns over the welfare of a child have a duty to ensure that child is protected from harm and sometimes dilatory responses from parents can pose a risk in itself.
Research - Parental Rights & Medical Settings
Here are several in-depth papers written on what is happening to parental rights in medical settings.
Medical Ethics Concerns in Physical Child Abuse Investigations
These detailed stories about innocent families who were traumatized with false abuse claims shows how often the medical industry is failing to "first do no harm."
Bad Medicine: Parents, the State, and the Charge of "Medical Child Abuse"
Learn about how medical child abuse is often claimed simply because a parent doesn't agree with a doctor's planned course of action.
What is the Supreme Court's parenting rights doctrine?
A Summary of the Supreme Court's Parental Rights Doctrine: The Supreme Court's Parental Rights Doctrine is the culmination of the Court's rulings on parental rights. Up until 2000, the Supreme Court consistently upheld parental rights. In 2000, however, the split decision in Troxel v. Granville opened the door for individual judges and States to apply their own rules to parental rights.
Why does the fundamental liberty interest of natural parents in the care, custody, and management of their child not evaporate?
The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State.
What is the concept of family law?
The law's concept of the family rests on a presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life's difficult decisions.
What is the Supreme Court's split decision in Troxel v. Granville?
Granville (2000) opened the door for individual judges and States to apply their own rules to parental rights.