Can a Mature Minor Refuse Medical Treatment

[Mr. Knowitall]

It seems reasonable to infer that there is at least one context in which the minor is not able to control his behavior without taking ADHD medication, hence the prescription and the effort to compel compliance. Perhaps the minor could redouble his effort to control his behavior without medication, so that his parents no longer see a need to compel its use. He is, after all, mature.

[Person3]

Realistically, this could go either way. Is the minor mature enough to make that sort of decision? Has a second opinion been sought?

He's 15 and of very high intelligence. A second opinion regarding the prescription has not been sought.

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He has the inactive type of ADHD (used to be called ADD, but was reclassified). It's an attention issue, not a hyperactivity issue.

[Dogmatique]

He's 15 and of very high intelligence. A second opinion regarding the prescription has not been sought.

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He has the inactive type of ADHD (used to be called ADD, but was reclassified). It's an attention issue, not a hyperactivity issue.

High intelligence does not equate to maturity.

I would think though, that a second opinion would come in handy.

[Welfarelvr]

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.

The parent can do what a parent can do in any behavioral situation. Hold the nose until the mouth opens to breathe as in an I Love Lucy episode? Yes. Beat the kid unconscious and place the pill in the open mouth? No. Where in the continuum between the two is the real question that cannot be answered in the abstract.

[Person3]

High intelligence does not equate to maturity.

The statutory provision in question references intelligence. He certainly can understand the consequences of the treatment.

I would think though, that a second opinion would come in handy.

How would he go about getting a second opinion?

The parent can do what a parent can do in any behavioral situation. Hold the nose until the mouth opens to breathe as in an I Love Lucy episode? Yes. Beat the kid unconscious and place the pill in the open mouth? No. Where in the continuum between the two is the real question that cannot be answered in the abstract.

So you're saying that the statutory provision does not apply?

[Welfarelvr]

http://www.ndaa.org/pdf/Minor%20Cons...%20%282%29.pdf

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

That provision would allow a minor under those conditions to consent to treatment. It does not override a parent's ability to consent. It does not give the minor the right to be in control other than to consent to medically prescribed treatment a parent does not want the child to have.

(2)(A) Any parent, whether an adult or a minor, for his or her minor child or for his or her
adult child of unsound mind whether the child is of the parent's blood, an adopted child, a
stepchild, a foster child not in custody of the Department of Human Services, or a
preadoptive child not in custody of the Department of Human Services.

[Dogmatique]

What a wonderful world it is.

A 16 year old minor can make decisions about her reproductive health, including making the decision whether or not to go ahead with a pregnancy.

But a 16 year old isn't old enough to make decisions about an ADHD med.

Hmmm.

[Person3]

That provision would allow a minor under those conditions to consent to treatment. It does not override a parent's ability to consent. It does not give the minor the right to be in control other than to consent to medically prescribed treatment a parent does not want the child to have.

Is there any case law about this matter?

[Mr. Knowitall]

It's an attention issue, not a hyperactivity issue.

It's still a self-discipline issue. If he wants people to believe that he can overcome his attention problems without medication, he should demonstrate his ability to do so.

[Person3]

So is there any case law regarding this issue?