A minor is defined, in most states, as a person under the age of 18. Unless the minor is emancipated the person who has custody of that minor is legally responsible for that minor’s actions. So, why is it that a minor as young as 12 years old has the right to consent to certain medical treatments without a medical professional having to legally inform the parents or guardian? This is a law many parents find disturbing and would like to see changed, myself included. First, we need to look at the law to understand the full extent of why so many parents are outraged over it. California law code 6926 states that a minor who is 12 years old or older has the right to consent to medical treatment if they have come into contact with an infectious, contagious, or communicable disease. A minor who is 12 years old or older can consent to medical treatment for a disease that has stemmed from …show more content…
sexual activity. A minor is able to seek counseling services for drug- or alcohol-related problems without the consent of the minor’s parent or guardian. The law does state that a minor that is seeking treatment from doctors for, let’s just say a common cold or even a toothache, must have a parent present. From this we can see that a minor that is sick with a cold has to have a parent present, but if they were to contract an STD is allowed to seek treatment without a parent’s knowledge and/or consent. This, to a parent, seems backwards and can explain the outrage. So, why should a minor as young as 12 year, not have the legal right to be able to walk into a place like Planned Parenthood or a doctor’s office and be given medication or treatment for a potential deadly and/or spreadable disease?
Parents should be aware that their minors are receiving medical treatment for any condition. While parent are raising their children they all hope that their child will be open and honest when these situations arise, but realistically that is not always the case. The majority of the time children are not mature enough to understand the severity of the situation that they are in. When they find themselves in an “adult” situation, such as finding out they have a sexually transmitted disease, they tend to act immaturely because of their age and all that runs through their minds is, “I have to hide this so that I do not get in trouble with mom or dad”. In a situation like this a parent should be made aware because a child that is 12 years old, in most states, is not even able to consent to sexually activity with a person that may be two or three years
older. If a minor is sexually active and as a result have come across a sexually transmitted disease, and/or has a disease that needs to be cured, parents need to be made aware of the treatment that they are given. What if that minor is treated for some kind of sexually transmitted disease and something goes horribly wrong? They could have a bad reaction to medication and because their parents did not know they were taking this medication, have no idea why their child is having a hard time, let’s say, breathing. Parents of minors are able to provide specific medical conditions that their child may have, or have had in the past, to physicians. If the minor is even aware of a prior medical condition that they may have had, they may not want come forward a disclose it. For example, a minor could be suffering from depression and feels ashamed to tell anyone, if they are given medication that accelerates depression it could be bad. Whereas if a parent was involved than they would be able to disclose any medications that a child is on and/or any pre-existing conditions that the child has had. We need to know if they are hiding an addiction that they are seeking help for, so that we do not enable this behavior. We all know that the worst thing you can do is give someone struggling with addiction money. If we as parents are unaware of this addiction and continue to give our child money we are feeding this addiction without even knowing it. If by law the person that the minor was seeking help from was legally responsible for telling the parents, not necessarily what is being said in these session, but that their child is there asking for help for an addiction, than the parent would be able to assist in the recovery process. At the young age of 12, when they are not even considered mature enough to vote, drive a car, or even be out past 10 p.m., there are laws that state they are mature enough to give medical consent to some serious medical issues without involving the parent. This needs to change. If a minor is not considered an adult until the age of 18, than the law that allows them to have medical consent at as young as12 years old needs to be adjust to the age of 18. I should not take my son, who is 13, to the doctors and be asked to leave, unless he says it is okay for me to stay, when they are asking him question about having sexual contact with someone who may have had a sexually transmitted disease. We can all understand that these medical issues need to be taken care of, and in a hurry, but not before the parents are informed that their child is being treated medically. The doctor’s office, or wherever the minor is being seen, by law should have to notify a minor’s parent prior to giving them any medication and/or medical treatments. The law needs to be changed to state that until a child reaches the age of adulthood, unless they are emancipated, the parent or guardian must be informed of any medical conditions and/or treatments their child is given. If the parent is not willing to allow a minor to receive medical treatment for a disease that could lead to death and/or is life changing; the doctors or medical professional has the right to have the courts intervene.
There are many different regulations and strategies which are used to safeguard young adults and one of these strategies is the recruitment of staff and preventing people who may harm vulnerable people from getting assess to them. for example, the adults barred list. The is a list of people which either has a high risk of harming others or a probable risk of harming others. The people on the list are barred from working in health and social care settings and around vulnerable people. There are many different places where information is received from and this may include the police, courts, or health and social services. all this information is used to decide whether they are at risk of harming vulnerable people in order to decide whether they
We were able to attain a verbal consent for treatment over the phone from the father. We will be admitting your son to the hospital for IV antibiotics and we will keep an eye on him until he gets better. I respect your wishes and religious views, but I am obligated as a physician to provide treatment to your son based the medical code of ethics and based on your son’s otherwise good health. I know this has to be hard for you to hear and understand right now, but we need to do what is best for your son. And even if your son’s father would not have granted us permission to treat this condition, we would have had to go about it another way to get consent to treat him, as that is ethically the right thing to do. I hope you can find peace in the decision we had to make today, and I hope you can continue to support your son as he needs you by his side during this difficult time. If you have any questions, please do not hesitate to ask, we are here for you too, as well as your
Most of the time parents take decision for a minor, even in the worst scenarios their decisions are always for the best interest of the child. Parental autonomy should always be respected unless the child is at greatest risk for not getting the vaccine.
How can a child make the decision for the life of another child by themselves? In this paper I will outline the mental, physical, and safety issues of minors (age 18 and under) having an abortion and why it is so important that they need to get parental consent before making this life long decision.
Underage people are prohibiting smoking, drinking, or going in field trips without their parents’ permission. Therefore, how can a teenage girl have an abortion without the approval of her parents? Abortion itself is a controversial subject, and underage abortion is even more controversial. Minors should not have an abortion without the consent of their parents or their legal guardians for a variety of reasons.
...dical emergency where there is not time to wait for court overruling, the staff is not legally obligated to obtain parental permission; in this case two consultants should make an entry in the patient’s chart that procedure or transfusion was necessary to save the patient’s life. As a consequence and overruling from the court system, the state withdraws parental decision in order to protect and promote health of the child (Effa-Heap, 2009).
However, USA Today (2013) "About half of teens visiting family planning clinics went without a parent 's knowledge. They could likely get an abortion without telling their parents teens in particularly reserved households just might end up taking their chances.” The parents not being tell about their child health is dangerous to the young person own health and to that of the community, particularly other young people. Plan B One Step is not doing young people any justice by helping them keep their parents in the dark. The company seems to lose sight of the very reason we have an age of consent is to protect children.
The arguments that are presented are understandable because every parent wants to do what is best for their child. However, the true question is whether or not it is actually their choice to make. Doctors constantly argue about the fact that deciding to test a child would “be denying him the chance to make the decision as an adult” (Klitzman). They are advised to allow their child to mature and make the decision when they are old enough. Choosing for them could be considered unethical because there is a chance the child may not want to know. The desire for testing children stems from the fact that parents hope they can “prevent disease and maintain a healthier lifestyle for their children” (Rochman). But how can you prevent a disease that hasn’t yet developed, especially without anything to assist. It seems wrong to push a kid into growing up knowing his or her life will be cut short by a disease, but there is nothing they can do about it. Lastly...
Every underage girl going through an abortion faces struggles that come with the option of an abortion and the consent of a parent. Having a parent consent makes a difference in a situation like this. If minors had to have a parental consent, there would be a drop in legal abortions. The reason a parent consent should be needed is because when teenagers are young they don’t really understand what to do in big situations like this. Without the consent of a parent, an abortion can harm the mother in many ways. Parents know things about their medical history that the minor may have questions about. Injuries can occur during the proced...
As young girl with big dreams I imagined my senior year of high school to be one of the best years of my life. I imagined going to homecoming with all of my friends, being the captain of the varsity soccer and cheerleading teams, going to Friday night football games, going to Prom with my perfect date, and going on a senior trip with all of my best friends. I never imagined my senior year to be the way that it is. I am the new kid.
The idea of “the child” is constantly evolving, and children appear to be maturing more rapidly each year. As a response, laws pertaining to minors have had to keep up with these social changes. In the health care context, the competency of children is constantly scrutinized and challenged. Accordingly, reforms to past laws that deemed minors lacked decisional capacity have resulted in the “mature minor” doctrine. Although this doctrine allows minors a degree of independence in the decision-making process it maintains many grey areas. The age of consent is inconsistent across provinces and territories, and the guidelines used to assess competence are vague and sometimes arbitrary. With such inconsistency in the measuring of adolescent competence, it brings me to question the competence granted freely to adults. To rightfully judge competence there must be a prototype, something that I and others can form a explicit definition around. With what I have collected, since individuals gain decision-making autonomy when they reach the age of consent, than the defining characteristic of comp...
Parents can refuse life sustaining treatment if the person would return t a state of health, the person would return to a “compromised” existence, or the treatment would prologue a death. In the Baby Owens case the expected mother was a doctor at the same hospital she was a patient at. Dr. Joan Owens knew everybody on a first name basis. Because she was a doctor she also knew the three
According to the Guttmacher Report on Public Policy, current laws in the United States of America indicate that minors under the age of eighteen, unless medically emancipated, must have the medical consent of their parent or parents before any health care decision can be made (Boonstra & Nash, 2000). These laws do not include health sensitive medical care like prescriptions for contraception, abortion of fetus, pregnancy care or drug addiction rehabilitation. Pediatric nurses are in a unique position that serves as the facilitator of patient care and patient care decision-making between the pediatric patient and the patient’s parents. In this position, pediatric nurses become immersed in the concept of family-centered care, and because of this, they often find themselves in situations fraught with ethical dilemmas. In health care, there are often times when the medical team and the patient disagree on the plan of care, but in pediatric health care, this becomes even more complex. This is because there are times where the decision made by the parents is deemed inappropriate by the health care team. What do you do if, as the caregiver, you do not agree with the decisions made for your patient by their surrogate decision-maker? It can be assumed that in most cases, parents only want what is best for their children. Research demonstrates, however, that parents do not always serve as the best voice for their child who is suffering, especially when the child is nearing the end of life. Is it ethical for the health care team to assume the role of decision-maker when disagreement ensues over the pediatric patient’s treatment course?
There are some questions a patient 's doctor must be a secret, you can not tell a third party about the problem. Another example, if a teenager says to a doctor, "I am depressed, I have been trying to kill myself" ( "Youth confidential: a young person 's right to privacy"). Doctors are not sure of information, because the doctor is this guy right help. Teen confidentiality concerns may be an important barrier to access to health services. Adolescents have the right to contraception confidentiality when it comes to contraception.
Being a teenager isn’t easy. You have a lot of things on your mind, a lot of things to worry about, a lot of things to carry and when I mean carry, I mean both physically and mentally. During the 17 years of my life that I have lived so far, I believe that I have never carried this much before. Part of it I think is because it’s senior year. Actually I think that 's the biggest reason why I feel so much pressure on my shoulders. I’m pretty sure that everyone can agree on this, especially if you’ve been through it before. I’m not talking to the adults of course because I know your lives are difficult and what not, but I’m mostly talking to the teens who are currently going through the same stage of life that I’m in right now. Now I’m not saying my life is difficult in any means because I know that I