Easily Hide Alternative Choice to the Child Medical Consent

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How to Hide Alternative Choice to the Child Medical Consent

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- Im going to to talk to you today about the law around children and their autonomy in relation to medical care, particularly very unwell children who refuse treatment. So let me start with an example. So imagine youre a judge on call and a hospital comes to you with a terrible dilemma. Theyre treating a very ill child. Hes only 15 years old, 15 years 10 months to be precise. He has leukemia and he needs medications to hopefully help him get better. Now, if he has the conventional treatment, theres an 80 to 90% chance he will go into full remission, hell be fine. And theres an alternative treatment thatll only give them a 60% chance of remission, but theres a problem. Taking some of the conventional medicines will mean he will need a transfusion of blood and he and his family have made it clear that he doesnt want to transfusion because its against his faith as a Jehovahs Witness. The hospital have been respecting this, theyve been giving him alternative treatment instead,

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Can a parent refuse medical treatment for their child?

A person with parental responsibility must have the capacity to give consent. If a parent refuses to give consent to a particular treatment, this decision can be overruled by the courts if treatment is thought to be in the best interests of the child.

What happens if there is no custody agreement in California?

When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

What is the Gillick competence controversy?

In the case of Gillick competency, the case concerned the rights to contraceptives, without parental consent or knowledge, for girls who are under the age of consent to sexual intercourse.

What are the laws in California for child custody?

Legal and physical custody can be shared (joint) or only to one parent (sole) Joint legal custody: both parents share the rights and responsibilities for making important decisions about the children. Sole legal custody: only one parent has this right and responsibility.

Can a parent take a child without consent?

In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction. Abduction is failure to return the child following an agreed period.

Who has custody of a child if there is no court order in California?

Who Has Custody of a Child if There Is No Court Order in California? If a court order is not in effect, both parents have legal custody of the childassuming that the father has already established legal paternity. If the father has not established paternity, the mother retains child custody.

Can parents override consent to treatment?

Parents cannot override the competent consent of a young person to treatment that you consider is in their best interests. But you can rely on parental consent when a child lacks the capacity to consent.

Can a parent take a child out of state on vacation without the other parents consent in Florida?

If a parent wants to travel with a child out of state after a divorce is finalized, Florida law does not require that parent to obtain the consent of the other parent. Furthermore, you do not need to obtain permission from a family court either.

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