Guide on Consent to Substance Abuse Treatment for Minors

Guide on Consent to Substance Abuse Treatment for Minors
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Guide on Consent to Substance Abuse Treatment for Minors
Infringement of the right to privacy of information or total disregard of the same in attending to the equally diverse healthcare needs of minors and unemancipated minor children by medical practitioners, parents or guardians, and other relevant authorities poses a significant challenge towards enhancing access to healthcare services for minors. It is, therefore, important to create an elaborate framework to guide minor patients in exercising their rights to privacy and information concerning their diverse healthcare needs. Provided herein is a detailed guideline on consent to substance abuse treatment for minors towards enhancing their understanding and application of their constitutional rights enshrined in the New Jersey State statute on the same.
Who can consent to treatment for the minor?
According to the New Jersey State provisions, only a minor who believes that they are suffering from the use of drugs or alcohol dependence can consent to treatment under the supervision of a physician licensed to practice. In essence, if a minor is found to be mature enough to determine whether he or she is suffering from drug abuse or alcohol dependence, then they can consent to treatment without the need for any other consent from parents or other relevant parties CITATION Inr89 \l 1033 (In re E. G., 1989). It suffices, therefore, that it is only upon the determination of the present physician or the care provider that the minor patient is mature enough to make his or her own health care decisions can their consent to treatment be valid. Since the State provision does not interfere with any parental rights to place a child in voluntary or involuntary treatment, parents can also consent to treatment for a minor under other applicable state laws.
Under which circumstances may the minor consent to treatment?
The New Jersey State provision posits that only a minor who believes he or she has a health care need requiring medical attention can consent to treatment. However, the present physician licensed to practice medicine must provide clear and convincing evidence that the minor patient is mature enough to make individual health care decisions for the consent to be valid CITATION Inr89 \l 1033 (In re E. G., 1989). Upon such a determination, the minor can exercise the right to consent to treatment under the state provision CITATION Eng04 \l 1033 (English, 2004). In essence, proof of the minor’s maturity to make their own health care decisions allows them to consent to treatment.
What types of treatment can a minor consent to, and are there any limitations to their consent to treatment?
The New Jersey State law provides that a minor can consent to treatment for drugs or alcohol dependence such as drug use, drug abuse, and alcohol use or alcohol abuse. However, minors cannot consent to treatment programs during their admission or presentation to the healthcare provider. Such treatment programs are often characterized by unique admission and reimbursement procedures that may require parental involvement or notification, thus limiting minors' consent to treatment. For instan...