NCJ Number
61942
Journal
Alcohol Health and Research World Volume: 2 Issue: 1 Dated: (FALL 1977) Pages: 1-12
Date Published
1977
Length
12 pages
Annotation
THE STATE OF THE LAW REGARDING THE NONPHYSICAL TREATMENT OF CHILDREN WITHOUT PARENTAL CONSENT IS REVIEWED, WITH PRIMARY FOCUS UPON ALCOHOLISM AND DRUG ABUSE.
Abstract
THE LAW AND ITS INTERPRETATION ARE EVIDENCING A TREND TOWARD GIVING CHILDREN THE RIGHT TO SEEK AND RECEIVE TREATMENT WITHOUT PARENTAL CONSENT. LIABILITY IS PARTICULARLY UNLIKELY WHERE A CAREGIVER PROVIDES NONPHYSICAL TREATMENT (COUNSELING, PSYCHOTHERAPY, ETC.) FOR A CHILD WITHOUT PARENTAL CONSENT. 'ENTICEMENT' IS A LIKELY LIABILITY ONLY WHEN CHILDREN ARE MAINTAINED IN AN INSTITUTION WITHOUT PARENTAL CONSENT OR THE REQUIRED COURT ACTION. THE CHARGE OF MALTREATMENT FOR NONPHYSICAL HELP IS HIGHLY UNLIKELY, UNLESS SOME PHYSICAL HARM CLEARLY IS CONNECTED WITH THE KIND OF TREATMENT BEING OFFERED. PIECEMEAL EFFORTS TO EXPAND THE RIGHTS OF CHILDREN TO RECEIVE TREATMENT WITHOUT PARENTAL CONSENT HAVE HAD ONLY LIMITED EFFECT. WHAT IS NEEDED IS COMPREHENSIVE LEGISLATION THAT CONSIDERS ALL LIKELY CIRCUMSTANCES WHERE THE NEED OF A CHILD FOR HELP SHOULD SUPERSEDE THE PARENTAL RIGHT OF CARE AND SUPERVISION. IN CASES WHERE PARENTS ARE ALCOHOL OR DRUG ABUSERS TO THE EXTENT THAT A CHILD IS NEGLECTED OR ABUSED, COURT ACTION MAY BE UNDERTAKEN TO SEVER CUSTODIAL RIGHTS. (AUTHOR ABSTRACT MODIFIED--RCB)