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This article explores the legal framework surrounding medical decision-making authority for children, including constitutional aspects and landmark cases like Parham v. J.R. It discusses common law and statutes relevant to minors, focusing on doctrines such as mature minor, the child's opinion, and statutory exceptions. The content covers a range of topics including counseling, mental health services, and issues related to medical neglect. A critical analysis of cases like Walker v. Sup. Ct. provides insight into withholding medical care and parental rights, emphasizing ethical obligations and contemporary challenges.
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Medical Decision-Making Coun 150 – Laws Relating to Children Richard M. Cartier Class 10 – Pages 334-365
Decision-Making Authority • Constitutional Framework • Parham v J.R. • Common Law and Statutes • Mature Minor Doctrine • The Child’s Opinion • Statutory Exceptions
The California View • Doctor / Dentist • Counseling / Mental Health Services • Drug Addiction Therapy • Sexually Transmitted Disease • Family Planning Services
Excessive or Unusual Treatment • Munchausen by Proxy • Experimental Treatment • Organ and Bone Marrow Donation /Pediatric Prescription Drug Testing
Medical Neglect • Determining Medical Neglect Substituted judgment • Spiritual Treatment Exemption • Walker v Sup. Ct. – p. 355
Withholding Medical Care • Parents favor withholding care • Older children • Newborns • Parents oppose withholding care /Payment for child’s medical care
