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Topic:

Medical Treatment Decisions for Adolescents

Coursework Instructions:

Week-3. Tutorial questions
Please answer these questions based on reading lists and video transcripts
Week 3: Tutorial Questions
Questions:
TQ 3.1: Mutcherson: Describe five circumstances under which minors may consent to medical treatment without parental consent.
TQ 3.2: California and Maryland Statutes: Compare the California and Maryland statutes. How do the two states differ with regard to minors’ ability to consent to mental health treatment?
TQ 3.3: Parham v. J.R.: Why does the majority conclude that the U.S. Constitution does not require a judicial hearing before a parent “voluntarily” admits a child to a mental health hospital? What are some of the potential harms of a pre-admission commitment hearing according to the majority opinin
TQ 3.4: Parham v. J.R.: Why does Justice Brennan, in his opinion concurring in part and dissenting in part, disagree with the majority? What safeguards does he believe are constitutionally required before a state social worker acting in the place of a parent of a child who is a ward of the State may admit the child to a mental health institution? How do these safeguards differ from those that he believes are constitutionally required when a parent is seeking to admit a child to a mental health hospital?
TQ 3.5: Boldt: How do many states’ laws potentially conflict with federal law governing the confidentiality of substance abuse treatment information?
Week 3: Discussion Board Question 1
Questions. Each question must write min 250 words
DQ 3.1: The U.S. Supreme Court has repeatedly held that the law presumes that parents act in their children’s best and thus, the State must defer to parents’ decisions regarding their children’s care. However, some people believe that the traditional presumption that parents act in their children’s best interests should not apply in the mental health context. Why do you think some people take this position? What are your thoughts on this issue? For example, do you think the presumption that parents act in their children’s best interests should apply when parents seek to admit a child to an inpatient mental health facility or inpatient substance abuse treatment program?
DQ 3.2: What should the law do to help families such as those discussed in the articles by Benedict Carey and Maia Szalavitz? One woman stated that she had to make her son a ward of the state in order to secure residential treatment for him. Hospital care providers have indicated that some parents “dump” their children in emergency departments and leave because they feel that is the only way their children will receive mental health treatment. How can the law help these families?
Required Reading
The following is a list of the readings for Week 3 of this course:
1. Mutcherson, Whose Body is it Anyway?
2. Cal. Fam. Code §§ 6922, 6924, 6929
3. Maryland Code Health 20-102
4. Parham v. J.R.-Richard Boldt, Adolescent Decision Making: Legal Issues With Respect to Treatment for Substance Misuse and Mental Illness
5. Carey, Seeing Sons’ Violent Potential, but Finding Little Help or Hope
6. Szalavitz, America’s Failing Health System

Coursework Sample Content Preview:

Week 3
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Week 3
Tutorial Questions
TQ 3.1: Mutcherson
The question of when an adolescent can make an independent decision regarding medical treatment has always been problematic. This problem has been compounded further by contradictory statutes and research findings. According to Mutcherson (2005), extenuating circumstances grant adolescents freedom to decide their treatment preferences. 
If an adolescent finds the idea of involving a parent disagreeable and, therefore, rejects it, the healthcare provider should respect those wishes. Such mainly happens in pregnancy, STIs, substance abuse, and mental health treatment. A minor worried about severe reprisals from the parents because of their misdemeanors may not want to involve them in treatment. When such minors seek confidentiality, and their conditions do not pose a severe health threat, their wish should be granted.
An adolescent may also be given autonomy if the parent has some form of incapacity, such as lack of maturity, or is mentally incapacitated. A minor may raise concerns regarding the mental well-being of their parents. They may argue that due to an unsound mind, the parents may be incapable of making rational decisions. When such an argument is raised, it is the prerogative of the health provider to verify the claims. If they are adjudged as veritable, the health provider would have to weigh whether to follow the preference of a mentally challenged adult or a concerned minor.
Further, if an adolescent is financially independent and is in a position to cater for treatment, a healthcare provider can offer the treatment without consulting the parents. According to the Video Transcript, emancipated youths in most states have the same rights as adults. One aspect of emancipation is when a minor is self-supportive. It would be illogical to deny consent to a minor who can comfortably cater for their medical services. This is especially so if the situation is not an emergency. 
The other circumstance that can afford an adolescent the freedom to decide is when the adolescent has conflicting religious beliefs from the parents. If the parents reject treatment based on religious affiliations, an adolescent can be allowed to determine otherwise. Medical care is considered one of the essential basic needs (Linnard-Palmer & Kools, 2004). Therefore, it would beat reason to allow religious beliefs to override this fact. The most logical thing to do in such a situation would be to act in the best interests of the minor.
Last but not least, if the adolescent lives away from their parents and shows competence, their requests can be granted. In the same vein and according to the Video Transcript, if a minor is married, they can make their own decisions. A married minor is regarded as being emancipated and has, therefore, got the same rights as an adult. One pertinent presumption is that they are competent enough to understand what is best for them.
TQ 3.2: California and Maryland Statutes:
California and Maryland statutes differ to some extent when it comes consent for treatment by minors. In Maryland, a minor's capacity to consent to treatment is simi...
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