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Can a Mature Minor Refuse Medical Treatment

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  • 11-20-2013, 11:22 AM
    Person3
    Can a Mature Minor Refuse Medical Treatment
    My question involves juvenile law in the State of: Arkansas

    I know that in Arkansas a minor who can understand the nature and consequences of a medical act is competent to consent to a medical procedure, does this aso apply to refusing medical treatment?
  • 11-20-2013, 11:39 AM
    jk
    Re: Can a Mature Minor Refuse Medical Treatment
    it would probably depend on what it was.
  • 11-20-2013, 11:45 AM
    Person3
    Re: Can a Mature Minor Refuse Medical Treatment
    It's not emergency or otherwise life-saving treatment.
  • 11-20-2013, 12:37 PM
    Welfarelvr
    Re: Can a Mature Minor Refuse Medical Treatment
    Quote:

    Quoting Person3
    View Post
    It's not emergency or otherwise life-saving treatment.

    It would probably be better to say what it is rather than what it is not. Is the child's parent or guardian giving permission? Is it a completely elective procedure?
  • 11-20-2013, 01:16 PM
    Person3
    Re: Can a Mature Minor Refuse Medical Treatment
    Quote:

    Quoting Welfarelvr
    View Post
    It would probably be better to say what it is rather than what it is not. Is the child's parent or guardian giving permission? Is it a completely elective procedure?

    It's ADHD medication.
  • 11-20-2013, 01:34 PM
    Welfarelvr
    Re: Can a Mature Minor Refuse Medical Treatment
    Quote:

    Quoting Person3
    View Post
    It's ADHD medication.

    As a general rule, yes. It would be better to describe what is going on though as this short answer is not designed to be more than generally. Children can be forced to take medication a doctor feels will help them. Sometimes, parents object. The court can step in an declare the parent unfit and take the child from the parent in order to get medically necessary medication. The times this has happened has tended to be on serious medical issues like cancer. More and more schools threaten turning parents over to child welfare if they do not cooperate with drugging children the school feels is disruptive. If a child refuses the medication, then the parent can "force" the child to take it. What force means is that they can do what parents can do to get compliance from a child on any behavior issue.

    ADHD medication in children is a little controversial right now. What can potentially happen with serious medical issues is not going to be the same as with ADHD. At what point things get forced depend on the level of the problem and what is going on.

    What is the situation? Are you the one being forced to take the medication? If so, then what is your concern?
  • 11-20-2013, 01:39 PM
    jk
    Re: Can a Mature Minor Refuse Medical Treatment
    so they are not attempting to refuse medical treatment provided by a medical provider as much as they are wanting to refuse to take their medication at their parents demand.

    Initially, I suspect he would lose an argument in court but...


    if he really wants to do anything about this, he needs to find a lawyer to speak with who can research it appropriately and be able to give you an answer.

    personally, I have taken a few of the adhd meds (for a legit reason) and I can tell you I would be very hard pressed to allow my child to be on any of them I had taken.

    additionally given that some in the medical community are starting to speak out about their concerns of the malady being over diagnosed, I would view any diagnosis with some skepticism and take extraordinary measures to ensure the diagnosis is accurate.
  • 11-20-2013, 01:40 PM
    Person3
    Re: Can a Mature Minor Refuse Medical Treatment
    The case in question is not someone else trying to force the parent to treat the child, but of a conflict of will between the parent and the child. By force I mean actually forcing it, not coercion of the will.
  • 11-20-2013, 01:49 PM
    Dogmatique
    Re: Can a Mature Minor Refuse Medical Treatment
    Quote:

    Quoting Welfarelvr
    View Post
    As a general rule, yes. It would be better to describe what is going on though as this short answer is not designed to be more than generally. Children can be forced to take medication a doctor feels will help them. Sometimes, parents object. The court can step in an declare the parent unfit and take the child from the parent in order to get medically necessary medication. The times this has happened has tended to be on serious medical issues like cancer. More and more schools threaten turning parents over to child welfare if they do not cooperate with drugging children the school feels is disruptive. If a child refuses the medication, then the parent can "force" the child to take it. What force means is that they can do what parents can do to get compliance from a child on any behavior issue.

    ADHD medication in children is a little controversial right now. What can potentially happen with serious medical issues is not going to be the same as with ADHD. At what point things get forced depend on the level of the problem and what is going on.

    What is the situation? Are you the one being forced to take the medication? If so, then what is your concern?

    The court doesn't have to do anything even close to that.

    Removing the child from the parents rarely, rarely happens.

    - - - Updated - - -

    Quote:

    Quoting Person3
    View Post
    The case in question is not someone else trying to force the parent to treat the child, but of a conflict of will between the parent and the child. By force I mean actually forcing it, not coercion of the will.


    Realistically, this could go either way. Is the minor mature enough to make that sort of decision? Has a second opinion been sought?
  • 11-20-2013, 01:53 PM
    Person3
    Re: Can a Mature Minor Refuse Medical Treatment
    http://www.ndaa.org/pdf/Minor%20Cons...%20%282%29.pdf

    Page 22, number 7 is the statutory provision in question.

    Quote:

    Quoting jk
    View Post
    if he really wants to do anything about this, he needs to find a lawyer to speak with who can research it appropriately and be able to give you an answer.

    How would he go about getting a lawyer? He can't pay for one.
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