When Can Minors Consent to Treatment

Legal Analysis of Responses: When can Minors Consent to Treatment
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Assignment Due DateWhen can Minors Consent to Treatment
Response to MG’s Post
I have gone through the post, which was enlightening and thought-provoking to a great extent. From the first paragraph, I could gather that you draw a distinct line between mental and other physical health issues and want the law to treat the mental health issues in isolation. I noted that you banked somuch on the element of ‘parental love’ when it comes to handling of the issues surrounding a minor and the decisionmaking process relating to treatment. In some instances , natural affection from the parent or guardian might not be reflective enough of the minor’s stance (Maryland, 2022). The court’s ruling suggests that the parents act in the best interest of their children. This is however not written in stone, since the minor also has a liberty interest that needs to be taken with the weight it deserves.
A parent or guardian is usually given the authority to commit a minor to a mental institution only if a physician comprehensively confirms or approves of it (Howie, McMullen, Rainford & Agazio, 2013). A minor’s liberty can be deprived only as a disposition of last resort. This clearly implies that there will always be an exception to the rule , especially in instances where the law has a grey area. One of the grey areas includes the understanding and classification of ‘mature minors’ (Tunick, 2021). This is a common law rule that provides for mature adolscents to give consent to their treatment regime. Looking at it from such a perspective means that there will always be a legal overlap that will call for assessment of the individual and trying to establish exactly where the line is supposed to be drawn.
Minors cannot make an optimal choice in situations that invoplve involuntary commitment (Boldt, 2012). In such a situation,the minor is not in an ideal state of mind to make any decision. Involuntary commitment in New Jersey law strictly indicates that the individual needs to be under 18 years and suffering from a mental condition that greatly impairs their ability to perceive things in a similar manner to their agemates (Howie, McMullen, Rainford & Agazio, 2013). Under such a scenario, the rights of the minor are wholly transferred to the parent or guardian, and the state will exercise any decisions as per the dictation thereof.
Response to the ES’s Post
Thank you for the detailed post that offers a multidimensional perspective on the situation. Your support for the court's decision in Parham's case aligns with Article 13(a)2, allowing parents to have the decision-making authority in the case of their children (Maryland, 2022). However, your argument appears over-simplified when seen in conjunction with Szalavitz (2012)'s assertions which have noticed that a coordinated effort is required to treat the mentally ill children and no such coordinated effort is available for parents. She gives the example of Raeburn, whose parents rely on suboptimal interventions to manage their psychologically disordered child.
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