We know that there are gaps between laws on paper and laws in practice ;. The voluntary nature of partner services must be made clear and fears regarding reporting of the minor's name to the Health Department must be addressed. However, across treatment type, more than twice as many states required parental consent for mental health treatment compared to drug treatment. These laws take two forms: Some require a clinic or physician to obtain the consent of a teen's parent s before the teen's abortion; others require a parent s to be notified before the procedure. Consistency in Consent Laws Only 18 states 35% were consistent in consent requirements across treatment type and modality i. Please note that the local commissioner does not have authority to consent to medical care for all categories of foster children. Some require teens to notify a parent, others require that both parents consent.
Use of this information is not a substitute for obtaining legal or other professional advice and the user assumes sole responsibility when relying on this information. Notably, the majority of the states failed to indicate what happens when a parent and child disagree about the need for treatment. The Leading Medical Groups Oppose Mandating Parental Involvement Because these laws put teens' health and safety at risk and do not create better families, all of the major medical organizations, including the American Medical Association, the American Academy of Pediatrics, the Society for Adolescent Medicine, the American College of Obstetricians and Gynecologists, and the American Public Health Association, oppose laws mandating parental involvement in minors' abortion decisions. The interpretation of the results of this study needs to be tempered by several limitations. This will provide the young person with an opportunity to express concerns about the potential for violence related to notifying a specific partner, including another minor, an adult, a parent or another relative. When a minimum age for minor consent was specified, the modal minimum age for minor consent to drug treatment was 12 years old compared to 14 or 15 years old for mental health treatment. There is also a partial exception, a minor who is 11, 12, 13, or 14 years old, and a defendant who is younger than 17.
Who shall serve as their experts? Conversely, for mental health treatment, of the 26 and 24 states that specified a minimum age for minor consent for mental health treatment, 3 12% and 6 25% states specified a minimum age of 13 years old or less for inpatient and outpatient treatment, respectively. In this way, they are well-positioned to inform girls about the procedure, as well as other options. In 15 states 29% , there was no consistent pattern in consent requirements. Mandating Parental Involvement Jeopardizes Teenagers' Health Teens already are more likely than older women to have later abortions, and restricting teens' access to abortion only causes further delays. Perceived consequences of risky behaviors: Adults and adolescents. Parental pressure is positively associated with treatment entry yet few referrals to adolescent drug treatment are from parents see Kirby et al. Parents have less authority and lose it sooner when their child needs drug abuse as compared to mental health treatment.
Science is clear that the teenage brain is still developing, particularly the pre-frontal cortex, the area of the brain which allows for future planning and decision-making. Any person who is eighteen years of age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of no other person shall be necessary. Teenage Pregnancy Statistics: With Comparative Statistics for Women Aged 20-24 1999. אין בסיוע משרד המשפטים, מטה ישראל דיגיטלית במשרד לשוויון חברתי וג'וינט ישראל משום נטילת אחריות לפעילות האתר או לתכניו. In her mind, if minors need parental consent to get their ears pierced, surely they should need it to get an abortion. Parent versus Minor Decision-Making Authority presents a summary of the number of states with each of the four primary categories of decision-making i. Family planning clinics can provide only family planning related care to minors with the minors' consent.
We believe these categories best reflect a continuum of parental decision-making from most authority to least authority. Unfortunately, there are a number of noted problems with these types of programs and a lack of methodologically controlled outcome studies ;. In these instances, the law was assumed to apply to both inpatient and outpatient treatment. In 2010, only about 16. Foregone health care among adolescents.
For example, in a state in which either a parent or minor may consent for treatment, do health care professionals require a minor to consent because this consent indicates recognition of a problem and motivation to change? Although everyone hopes that teens can turn to their parents when faced with an unintended pregnancy, and in fact most teens do so, laws preventing teens from obtaining health care unless they can talk to a parent put their health and safety at risk and do not increase family communication. State laws clearly favored the rights of minors to independently access drug treatment compared to mental health treatment. Here, too, she found significant resistance. When states did specify a minimum age for consent for treatment, more states allowed younger minors to consent for drug treatment compared to mental health treatment. Of those who did not tell a parent, 12% did not live with either parent and 14% had parents who abused drugs or alcohol. Commentary: Legislators--How did the deciders decide? Using this method, a categorical determination was then made.
Should these young women not have a voice? The following decision rules were utilized to categorize the laws of each state. In contrast to most medical and mental health problems, drug and alcohol use has immediate positive effects that tend to overshadow the current and future negative consequences of use; therefore, teenagers are less likely to recognize problematic use ; and to seek treatment. Potential for homelessness needs to be a component of the screening process. Professional Psychology: Research and Practice. When the teen called the clinic to reschedule her appointment, she was living in a friend's car. As we hypothesized, when parental consent was required for a minor to be admitted to either drug or mental health treatment, more states required parental consent for inpatient modalities compared to outpatient modalities. Another fruitful area for research is to assess if this gap exists for decision-making authority for treatment.
Planned Parenthood connected her with a court-appointed lawyer and she got a hearing date. College students rarely seek help despite serious substance use problems. Our results revealed that just over one third of the states had consistent consent laws across treatment types and modalities. Data were collected in June, 2012. What steps will be included in the testing and partner services process to ensure that notifying a minor or a minor's partner would not have a severe negative affect on the physical health and safety of the minor? Many teens are too scared of going to court and talking to a judge to make this a real alternative. Journal of Substance Abuse Treatment. Minor consent was more frequently required for inpatient and outpatient drug abuse and outpatient mental health treatment relative to parent consent.
For states specifying a minimum age for minor consent, the modal age for drug abuse treatment regardless of modality was 12 years old while the modal age for mental health treatment was 15 and 14 years old for inpatient and outpatient treatment, respectively. Finally minor consent only places the decision-making authority wholly and completely with the minor Parent consent is not sufficient or required. While abortion is safer than childbirth, later abortions entail more medical risks and are more difficult to obtain because they are more expensive and fewer doctors perform them. If this was acceptable when deciding who should have an abortion, why not in deciding who should be allowed to have kids at all? הזכויות המחייבות נקבעות על-פי חוק, תקנות ופסיקות בתי המשפט. It is possible that while our coding scheme simplifies classification of the various state statutes, some exceptions and nuances of a law were missed. This offense is a Class E felony, which incurs up to four years in prison.