NCJ Number
116328
Journal
Dickinson Law Review Volume: 92 Issue: 3 Dated: (Spring 1988) Pages: 631-647
Date Published
1988
Length
17 pages
Annotation
The provision of pyschiatric and chemical dependency treatment of minors is extremely complex, involving a variety of interests some of which are in conflict.
Abstract
Historically, minors have been deemed incompetent by virtue of their minority. While the U.S. Supreme Court has accorded minors some constitutional rights, it has not held them to be coextensive with those of adults. In the case of commitment to treatment, parents and guardians can consent for minors, thus making the commitment technically voluntarily, although the person confined has not consented to treatment. This myth of voluntariness resulted in the development of mental health and chemical dependency placement procedures and treatment programs for minors that are characterized by little supervision or judicial review such as would be required in involuntary commitment situations. Given that recent studies have shown that minors, at least by age 15, possess the intellectual and developmental capability to make important decisions for themselves, particularly decisions regarding health care treatment; policymakers, legislators, and health care professionals should recognize that minors (particularly older adolescents) should be accorded the same legal status as adults in the decisionmaking process and should be given sufficient due process protection against inappropriate hospitalization. 58 footnotes.