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See attached for response scenario #2 This article addresses the legal issues surrounding informed permission and consent for children

December 4, 2024

See attached for response scenario #2

This article addresses the legal issues surrounding informed permission and consent for children and
adolescents in psychiatric settings. The authors discuss the laws that guide consent for minors,
including the role of parents or guardians, the child’s evolving capacity to make decisions, and the
legal challenges when there is a conflict between parental consent and the minor’s wishes. It also
discusses the legal standards for involving minors in treatment decisions, particularly in cases where
the minor may oppose treatment. The paper provides recommendations for legal safeguards to ensure
that the rights of both children and their families are respected in the consent process.

Ethical and Legal Implications for Clinical Practice

For Adults:

In psychiatric practice, obtaining informed consent from adults involves complex ethical and legal
considerations, significantly when mental health conditions impact decision-making capacity.
Clinicians must respect patient autonomy while also ensuring that patients have the cognitive ability to
understand their treatment options. The ethical principle of beneficence (acting in the patient’s best
interest) may sometimes conflict with the principle of autonomy, especially in cases where the patient’s
capacity to make informed decisions is compromised by mental illness. Legal frameworks ensure that
clinicians assess capacity thoroughly, and in cases where an individual cannot consent, substituted
judgment or guardianship may be invoked. Practitioners in this field must be familiar with involuntary
treatment laws and ensure compliance with mental health legislation.

For Children/Adolescents:

The challenge lies in distinguishing between consent and permission for children and adolescents.
Since minors cannot legally provide full informed consent, clinicians must work closely with parents or
guardians while ensuring that the child or adolescent has a clear understanding of their treatment.
Ethical issues revolve around respecting the emerging autonomy of the child while still prioritizing the
guardian’s role in decision-making. Clinicians must navigate the delicate balance between respecting
a minor’s wishes and upholding the legal requirement for parental consent. The legal standards
governing consent for minors vary across jurisdictions, so clinicians must be well-versed in local laws
and ethical guidelines.

Implications for Clinical Practice in My State

As a clinician, understanding the nuances of informed consent and capacity is essential to ensuring
ethical and legal compliance in practice. In my state, where mental health laws are stringent, it is
crucial to obtain explicit, documented consent or permission before proceeding with psychiatric
treatment, especially for minors. Additionally, I must be vigilant in assessing decision-making capacity,
particularly in cases involving adults with severe psychiatric conditions. Ensuring that adult or
adolescent patients understand their treatment options and can make informed decisions will be
central to my clinical practice.

12/4/24, 5:15 PM Topic: Week 2: Discussion

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