NCJ Number
54702
Journal
Iowa Law Review Volume: 6 Issue: 3 Dated: (FEBRUARY 1978) Pages: 561-607
Date Published
1978
Length
4 pages
Annotation
AN APPROACH TO THE COMMITMENT OF JUVENILES IN IOWA IS DESCRIBED THAT RECOGNIZES THE CONTRIBUTIONS OF BOTH PARENTS AND CHILDREN TO DECISIONS REGARDING TREATMENT AND MINIMIZES GOVERNMENT ADJUDICATION OF PERSONAL MATTERS.
Abstract
THE APPROACH HAS LEGAL, SOCIAL, AND MEDICAL RAMIFICATIONS. THE ADMISSION AND TREATMENT OF MINORS IN STATE MENTAL HEALTH FACILITIES RAISES ISSUES OF LAW AND POLICY THAT ARE DISTINCT FROM THOSE ADDRESSED IN THE ADULT SETTING. THE PROCESS OF VOLUNTARY TREATMENT EMBODIED IN THE APPROACH IS BASED ON THREE PREMISES: (1) IN MATTERS OF PERSONAL LIBERTY AND MEDICAL CARE, THE LAW MUST RECOGNIZE PREFERANCE FOR INDIVIDUAL FREEDOM OF CHOICE AND THIS PREFERENCE MUST PERTAIN TO CHILDREN IN ACCORDANCE WITH DECISIONMAKING CAPACITY CONSIDERATIONS AND RELEVANT CIRCUMSTANCES; (2) PARENTS ARE THE BEST SUBSTITUTE DECISIONMAKERS WHEN A CHILD IS DISABLED FROM EXERCISING UNEMCUMBERED AUTHORITY TO MAKE DECISIONS ABOUT HIS OR HER TREATMENT; AND (3) THE STATE, ACTING THROUGH A STATE AGENCY, OFFICIAL, OR JUDICIAL DEPARTMENT, MUST BE VIEWED AS THE DECISIONMAKER OF LAST RESORT. THESE THREE PREMISES ARE EXPANDED IN RELATION TO THE BOUNDS OF PARENTAL DISCRETION, LIMITATIONS ON PARENTAL DECISIONMAKING, VOLUNTARY ADMISSION BY NONNATURAL PARENTS, THE MINOR'S CAPACITY FOR CHOICE, THE NATURE OF MENTAL ILLNESS IN CHILDREN, THE CHILD AS DECISIONMAKER, AND THE ROLE OF THE STATE. THE APPROACH TO THE COMMITMENT OF JUVENILES IN IOWA INVOLVES DETERMINING WHO HAS THE AUTHORITY TO COMMIT A CHILD VOLUNTARILY FOR MENTAL HEALTH TREATMENT IN A STATE FACILITY PURSUANT TO A SYSTEM OF GENERALLY APPLICABLE LEGAL PRESUMPTIONS. AT 13 YEARS, A CHILD'S AUTHORITY TO DECIDE UPON VOLUNTARY TREATMENT SHOULD BE PRESUMED. AFTER SHOWING A CHILD'S INCAPACITY, THIS PRESUMPTION MAY BE OVERCOME AND PARENTS MAY BE EMPOWERED TO SUBMIT A CHILD FOR VOLUNTARY TREATMENT. FOR A CHILD UNDER 13 YEARS, THE AUTHORITY OF PARENTS TO SUBMIT A CHILD FOR VOLUNTARY TREATMENT SHOULD BE PRESUMED. SUCH PARENTAL AUTHORITY MAY BE PREEMPTED, HOWEVER, UPON SHOWING THAT A CHILD IS CAPABLE OF PROPERLY MAKING THE TREATMENT DECISION. THE STATE MAY NEVER ACT AS OR ON BEHALF OF PARENTS OR CHILDREN IN SEEKING VOLUNTARY TREATMENT FOR JUVENILES. MENTAL HEALTH TREATMENT FOR CHILDREN IN IOWA IS DISCUSSED, AND SUPPORTING DATA ARE TABULATED IN AN APPENDIX. CASE LAW IS REVIEWED. (DEP)