why forced treatment on minors

Why is there a need for forced treatment?

Why is there a need for forced treatment at all? People who are emotionally overwhelmed are usually aware that they need help. Even the most disturbed, out of touch person might accept treatment if what was offered was helpful. 2. Why is psychiatry the only `medical discipline’ permitted to force people to accept its singular form of treatment?

What are a minor’s rights to consent to treatment?

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.

Can a parent force a child into addiction treatment?

Symptoms of drug abuse and symptoms of mental illness often overlap, and forcing a child into addiction treatment when there is no addiction can cause serious damage to the parent-child relationship. This is complicated by the fact that teens who abuse substances typically hide this behavior from parents as they are very unlikely to approve.

How do courts deal with teenage refusals of care?

Courts dealing with teenagers’ refusals of care must balance a variety of competing interests and values in reaching a decision that can have ultimate consequences for the minor.

Should minors refuse medical treatment?

A mature minor is an adolescent younger than the age of majority. Such a minor can consent or refuse to consent to medical treatment if it is established that the minor is sufficiently mature to understand, discern and appreciate the benefits and risks of the proposed medical treatment.

Should minors be able to make their own medical decisions?

States have traditionally recognized the right of parents to make health care decisions on their children's behalf, on the presumption that before reaching the age of majority (18 in all but four states), young people lack the experience and judgment to make fully informed decisions.

Can a minor refuse mental health treatment in California?

Health & Safety Code § 124260 “[A] minor who is 12 years of age or older may consent to [outpatient] mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.” ( ...

Can a parent refuse to consent to a lifesaving procedure for his or her child discuss your answer?

State intervention on a medical decision for a minor may go further than just health care. 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.

Why can't minors make decisions?

Abstract. In the past, minors were not considered legally capable of making medical decisions and were viewed as incompetent because of their age. The authority to consent or refuse treatment for a minor remained with a parent or guardian.

When can doctors override parents?

If the child's parents are not acting in the best interest of their welfare, the state can override parental decisions. At the end of the day, the child's life is the primary concern. A parent can face loss of custody or criminal charges for failing to provide the necessary medical care for their child.

Can a 12 year old give 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.

Do doctors have to tell parents if minor is pregnant?

Most health care providers keep their clients' information confidential. Specific laws about what doctors have to tell your parents can vary from state to state. And for one reason or another, doctors can always decide to inform parents if they believe it is in the best interest of their patient.

Are therapists allowed to tell parents?

Not necessarily. California Civil Code section 56.1007 allows for therapists to disclose confidential information to parents involved in the minor's care if the minor 1) is made aware and agrees; and 2) the minor was given the opportunity to object, but the minor does not.

What if parents disagree on medical treatment?

Legal Options When Parents Disagree on Medical Decisions If there is shared decision-making regarding medical issues and both parents cannot come to an agreement, the court will examine the facts both parties put forth and determine what is in the best interest of the child.

When can a parent parents refuse medical treatment for a child?

Alberta uses the mature minor doctrine for youth giving consent to medical treatments. If you are a minor (under the age of majority) in Canada, you can generally make your own medical decisions if: you are mature enough to make your own informed decisions; and. you understand the consequences of your decision.

Why should parents make decisions for their child?

Decision making is one of the most important skills your children need to develop to become healthy and mature adults. Decision making is crucial because the decisions your children make dictate the path that their lives take.

What does the court consider when deciding a child's refusal?

Courts also consider whether the parent (s) agree with their child’s refusal. While parents’ rights can be trumped by the state, courts provide a great deal of latitude for parental decision making, as in E.G.’s case when the mother’s agreement may have ultimately determined the court’s decision [9]. In contrast, when the court did not believe the child had a true ability to express his or her wishes (as in Daniel’s case) or did not have an opportunity to hear the child’s perspective (Shannon’s case), it favored protecting the child over granting decision making power to the parents [10, 11].

What do courts consider in evaluating a minor?

Lastly, courts consider and evaluate the minor’s competency and level of understanding. Both E.G.’s and Daniel’s cases involved testimony by experts about the minor’s maturity, level of sophistication in articulating their religious views, and understanding of the consequences of refusing treatment [9, 10].

Why did Daniel refuse chemotherapy?

The refusal was based on their religious practice of Nemenhah, a Native American healing practice in which Daniel was a medicine man and which forbade chemotherapy because of a prohibition against doing harm [10]. Daniel was unable to articulate why he opposed the chemotherapy beyond the notion of “do no harm,” and experts placed his reading below ...

Why was Shannon's case unique?

Shannon’s case was unique because the right for a minor to refuse medical care was invoked as a defense against criminal charges after her death, rather than in seeking permission to forgo care during her life [11].

Can a minor give consent to a medical procedure?

Most states provide certain universal exceptions, instances in which minors can give medical consent. One is for emergency care when a parent is not available in time to provide consent [7]. Another exception is for emancipated minors, who are deemed legally independent from their parents in all legal capacities, including medical decisions [7]. Some states have statutes that specify types of care for which parental consent is not required, such as treatment for sexually transmitted infections, treatment for substance abuse or mental health, or requests for contraceptives [8]. Lastly, states may have “mature minor” doctrines, under which minors can petition the court to recognize that they fully understand the treatments and consequences of their decisions and should therefore be allowed to make treatment decisions independently, either in contradiction to their parents’ wishes or without consulting their parents [7]. Courts often view teenagers’ refusal of life-saving therapies as an extension of the mature minor rules.

Is parental consent required for mental health?

Some states have statutes that specify types of care for which parental consent is not required, such as treatment for sexually transmitted infections, treatment for substance abuse or mental health, or requests for contraceptives [8].

Can a teenager refuse lifesaving therapy?

Three stories help illustrate the key considerations a court generally weighs when asked whether a teenager should be allowed to refuse life-saving therapies.

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 parents disagree with treatment plan?

If the parents and child disagree with the proposed treatment plan, doctors will generally listen to the parents’ wishes.

Why did a 17 year old refuse treatment for leukemia?

In 1989, a 17-year-old teenager refused treatment for leukemia because the needed blood transfusions would go against her beliefs as a Jehovah’s Witness. Her mother sided with her. A lower court in Illinois found that the teen was being neglected and appointed a guardian to consent to the blood transfusions for her.

Do doctors have children's best interests in mind?

While doctors have children’s medical best interests in mind, families can provide a sense of broader best interests.

Can a minor refuse medical treatment?

states allow “ mature minors ” to consent to general medical treatment even without their parents’ approval. In some cases this also means the right to refuse treatment.

What to write in a letter to stop child abuse?

You seem like such a beautiful person to dedicate your life to stopping this abuse of children. I am very sorry you lost your childhood to this. I hope you have a peaceful and joyful adulthood.

What was the first child welfare case?

The first child welfare case used an animal cruelty law that was in place. That was during the era of the orphan train and lost children from immigrants or dead parents or parents with issues from the whole plethora of societal problems.

What did the sleeping pill cause?

The sleeping pill caused many daytime issues with my mood and behavior — my pediatrician and parents were unable to notice the connection between this and the introduction of pharmaceuticals, which began the psychiatric diagnoses processes.

Is there a taboo about mental health?

In America, there is a taboo about mental health professionals seeking treatment in the same system they work in, with fears over licensing boards deeming the individual incompetent or unfit to provide services if they have their own mental health struggles. This stops many mental health professionals from speaking up.

Why do we need to stop involuntary treatment?

In addition to the human rights and Constitutional reasons, here are some further reasons to do away with involuntary treatment: First, very few people labelled “mentally ill” actually become violent. Rates of criminal violence in this group do not exceed the general population.

What is the effect of involuntary treatment on people?

Involuntary treatment humiliates and demoralizes people, reinforcing their feelings of being worthless, powerless, and helpless. It leads to outrage, which is then crushed by psychiatric drugs.

What is psychiatric coercion?

The use of psychiatric coercion for centuries has led to the wretched incarceration and horrendous abuse of millions of people throughout the world. All the most violent treatments, such as neuroleptic drugs, electroshock and lobotomy, grew out of unethical, unprincipled mass experimentation on involuntary inmates.

How does torture break the will of a person?

Anyone who has worked or been a patient on a psychiatric ward has witnessed daily attempts to break the will of patients by limiting their freedom and activities, treating them like children, making threats, using physical restraint and isolation, and ultimately inflicting drugs and electroshocks that render the individual helpless . The most profound impact of neuroleptic (antipsychotic) drugs is to render the individual indifferent, apathetic and docile; but the drugs commonly continue to inflict physical and mental torment.

Why is the criminal justice system so cumbersome?

People in authority, such as judges, prosecuting attorneys, psychiatrists and police officers need the re straint of Constitutional protections, especially the Bill of Rights. Civil commitment bypasses these protections, resulting in devastating outcomes for the individual and society. As cumbersome as the criminal justice system can be, we are better off as a society if we rely upon it, rather than coercive psychiatry, to protect us from violence. If an individual cannot forcibly be detained under existing criminal laws, then we must tolerate their freedom, if only to protect our own. If they are jailed, they must still have the right to refuse psychiatric treatment that imposes shackles on the brain, mind and spirit.

Why do people go to a psychiatrist?

Going to a psychiatrist, or to other healthcare providers, exposes the already distressed individual to the risk of incarceration and forced treatment with little or no due process. When feeling helpless and overwhelmed, seeking psychiatric treatment can turn into the most dangerous mistake of a person’s life.

Does incarceration increase violence?

Third, there is no scientific evidence that psychiatrically incarcerating people reduces their violent tendencies or protects the public from them. In my clinical experience and study of violent perpetrators, involuntary incarceration increases the likelihood of future violence by adding the humiliation and abuse of forced treatment to the individual’s list of reasons to feel humiliated, outraged and retaliatory. In addition, they become exposed to psychiatric drugs, many of which can cause or worsen violence. [ Moore et al., 2010]

What happens if a child is forced into rehab?

If the child was forced into rehab, or if deception occurred during active addiction as it usually does, it’s likely that trust between the parents and the teen will need to be rebuilt. Family therapy can be very helpful for this process, but the most important thing is to ensure the child is supported and feels loved.

Why do kids resist drug rehab?

Underage people are more likely to resist treatment due to a lack of experience and foresight regarding how addiction will make transitioning into adulthood extremely difficult as well as how much drug abuse ...

How to tell if a child is addicted to drugs?

Parents who suspect drug abuse and addiction should keep an eye out for the signs: 1 Staying out late 2 Change in social circles 3 Changes in sleep schedule 4 Secretive or withdrawn behavior 5 Changes in hygiene or grooming habits 6 Unexplained weight change 7 Unusually large or small pupils 8 Health changes (feeling sick after staying out late) 9 Sudden reduction in ability to meet school responsibilities 10 Bloodshot eyes 11 Drug paraphernalia 12 Severe mood swings 13 Anxiety and paranoia 14 Decrease in ability to focus 15 Frequent unexplained lethargy 16 Increased aggression 17 Loss of interest in hobbies or extracurricular activities 18 Unexplained agitation or increase in energy followed by a crash

How old do you have to be to go to rehab?

Legally, people 17 years of age or younger can be put into residential drug rehab without their consent. This can seem like a very harsh decision, but there are circumstances where parents may have no other choice. When the teen’s life is at risk due to drug abuse, the resentment and anger that can result from forcing them into rehab is usually worth it. Keep in mind that a teen’s brain is still developing – up to age 25 – meaning that the damage done by drug and alcohol abuse will be much worse than it would be in an adult over the age of 25.

How many teens use illicit drugs in 2014?

Teen use of illicit drugs is more common than many parents realize. According to the National Institute on Drug Abuse, 27.2 percent of teens from grades 8-12 used an illicit drug at least once in 2014. Additionally, 19.4 percent of high school seniors reported binge drinking that year.

What is intervention in rehab?

An intervention is a very emotional event. The person with the substance abuse problem will often get caught up in that emotion and agree to go to rehab based on this, but if that emotion has time to wear off, that individual might have a change of heart and refuse.

What are the symptoms of a teenager?

Increased aggression. Loss of interest in hobbies or extracurricular activities. Unexplained agitation or increase in energy followed by a crash. Some of these are symptoms of mental illness like depression, anxiety disorders, or bipolar disorder. Others are just signs of being a teenager.

What is the future of psychiatric treatment?

"Otherwise, an already distressed person can be left feeling even more traumatized and disenfranchised, less motivated to engage with support, and less likely to disclose troubling experiences- all factors which elevate future risk.".

How many prison beds have been closed?

The numbers tell the tale—a million psychiatric beds have been closed; a million prison beds for psychiatric patients have been opened.

What is the most contentious source of dispute between psychiatry and its critics?

Thanks again, Eleanor. Involuntary treatment is perhaps the most contentious source of dispute between psychiatry and its critics (especially former patients who were forced into treatments that were harmful to them).

Is coercion dangerous in the short run?

Where bright lines are difficult to draw, common sense and good will must prevail. Granted that allowing the necessity of any coercion is a slippery slope, but never applying psychiatric coercion even under extreme circumstances can both be dangerous in the short run and result in much worse coercion in the longer run.

Can psychiatrists predict violence?

As Eleanor points out, psychiatrists cannot predict violence with any precision, but some situations are explosive enough for anyone to identify as an obvious call to action. Someone has to stand in for a patient who has become clearly dangerous to himself or others. Not to intervene when catastrophe is so tangible would be irresponsible on the part of the professional and would ignore what the patient would want done if he were not impaired by the psychotic symptoms. The majority of patients who do well come to recognise the necessity of the intervention and are thankful for the protection it afforded. Advance directives are a useful way to handle the risk of future recurrence.

Is coercive psychiatric treatment rare?

Coercive psychiatric treatment is now relatively rare; prison coercion all too common. Getting into a psychiatric hospital is extremely difficult and stays are usually about a week. Being jailed is easy and sentences are long. Patients should not be prisoners. We all need to advocate for the end of this barbarity.

What happens if you are forced to go to therapy?

If someone’s forced to go to therapy or group therapy, the motivation to follow through on their work isn’t there, though that doesn’t mean they won’t benefit somewhat. If an individual is unmotivated, they’re more likely to drop out of treatment prematurely or they may stop taking their medications.

Why is involuntary treatment important?

Involuntary treatment tends to happen when a person has already reached a crisis level or nearly there. Better preventive and early mental health care could reduce the overall need for involuntary treatment, and therefore give people a chance to get the most out of treatment.

Why does involuntary commitment happen?

Involuntary commitment happens more often than needed because determining if someone is a harm to themselves or others isn’t a perfect science. Studies have shown that predicting someone’s risk is fairly inaccurate. It makes sense for doctors and therapists to err on the side of caution, but there’s a strong chance for a breakdown of trust between the mental health professional and client if they’re forced into an inpatient treatment facility. In a blog post for Psychology Today, Dr. Lloyd Sederer recounted three separate patients who fired him as their doctor following an involuntary commitment. He wrote:

Why are restraints bad?

Restraints are awful situations to be in, for both the people initiating it and the person being restrained. They’ve come under a lot of speculation lately, some of which I can understand. I’ve been in restraints that have left nasty bruises and twisted limbs, people yelling at me and holding me incorrectly, and even restrained for no reason at all, simply because “they could.” So, while I agree that sometimes a restraint is needed to ensure someone’s immediate safety, there needs to be much tighter guidelines on them. A restraint should always be a last resort, not a show of power from ignorant nursing staff or a way to control a “problematic patient.” A restraint should be a way to save someone’s life.

Why is it important to motivate people to go to therapy?

If a patient is safe and doesn’t need inpatient, forced outpatient has its issues, too. Motivation is important for making substantial change. When it comes to therapy, you have to put in work for it to be effective. If someone’s forced to go to therapy or group therapy, the motivation to follow through on their work isn’t there, though that doesn’t mean they won’t benefit somewhat. If an individual is unmotivated, they’re more likely to drop out of treatment prematurely or they may stop taking their medications. Since there are a limited number of beds in inpatient facilities and long wait times for outpatient services, we should be making sure the people using these services are getting the most out of it. We also need to expand these services so we aren’t turning people seeking voluntary treatment away.

How long does it take for a patient to be discharged after voluntarily committing to a treatment?

Even if a patient enters treatment voluntarily, it can still take days for the patient to be discharged after they express a desire to leave, effectively rendering the “voluntary commitment” useless.

What is the most traumatic part of treatment?

A particularly traumatic part of “treatment” is the use of physical restraints. Mighty Contributor Victoria Murphy detailed an experience when she was restrained by nurses and staff at a hospital, which she considered a “nicer” restraint. Murphy said of restraints for psychiatric patients:

The Case of Starchild Abraham Cherrix

Intervention by Virginia Authorities

Principles Governing Forced Treatment of Adolescent Children

• Assessing teenagers' right to refuse medical treatment poses special challenges to both medical ethics and social policy. American law does not recognize teenagers as adults until they reach 18 years of age. Teenagers under this age may not consume alcoholic beverages, vote, hold federal office or serve in the military. They are also subject to age...

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