Yep, that's confusing all right. It comes down to what Indiana state law says, then. I don't know what that is. But it appears that a minor doesn't need a parent's consent for health care and testing at least in some states. Here's an applicable excerpt:
"But even in the case of general medical care, there are exceptions, Ermer's survey shows. In South Carolina, a minor (aged 16 or older) can consent independently to general medical treatment. Yet, any physician who deems such care "necessary" may provide it to a minor of any age regardless of whether the minor or the parent approves.
The more typical practice is for states to pass laws that affect a handful of highly controversial or sensitive issues, rather than addressing general medical care.
"The laws do vary from state to state, particularly in alcohol and drug abuse and mental health services," Ermer points out.
It is probably unrealistic to expect a hospital compliance officer, health plan representative or physician to consult volumes of state laws every time they are faced with a minor (or his or her parent), to see if there is some special requirement. An easier method of being compliant is to know the types of treatment for which there may be state laws, and then refer to them when necessary.
According to Ermer's study, most often states have passed laws concerning minors receiving the following:
contraceptive services;
prenatal care;
treatment of sexually transmitted diseases including HIV;
alcohol/drug abuse treatment;
mental health services; and
abortion services.
States vary in how they address the treatments and services noted above. But the survey reveals some commonalities among the states concerning the following:
Age of majority: The age of majority is 18 in most states, but not all. It is age 19 in Alabama and Nebraska and 21 in Pennsylvania and Puerto Rico. Ages are also important in a variety of other situations, such as in the provision of mental health services (minors can consent at age 12 in California, Georgia, Idaho and Illinois; 14 in Delaware; 15 in Colorado and 16 in Kentucky).
Methods of emancipation: Many consider a court order, marriage, pregnancy or divorce to result in the minor reaching majority status or being "legally competent," as Ermer puts it. California and Vermont add military service to the list, while Iowa considers emancipation to occur following the conviction (as an adult) of a crime.
STD/HIV tests and treatment: Most states allow minors to consent independently. Some (Vermont and Virginia) require providers to give results to parents or guardians, but more are silent on this issue.
Abortion: Twenty-four states have laws on the books requiring parental consent before the service is performed, but in close to half the states the law is not enforced due to a successful court challenge. States that don't insist on parental consent tend to require notification, however. These include Colorado, Florida, Illinois, Iowa and Ohio.
There are two distinct classes of men - those who pay taxes and those who receive and live upon taxes. - Thomas Paine
IMHO the government shouldn't be inserting itself between parents & children unless those parents are found guilty in a court of law, by a jury of their peers of abuse or neglect of those children.
In the above Washington DC case, I don't think the gov't was inserting itself. I think it was offering an opportunity and I think some parents and kids took advantage of it.
On the other hand, from Brent's post it's clear the government is going to wedge itself between you and your child if push comes to shove and your child and some other authority want to make an issue of it. I have the feeling that's what happened in Jeff Hardin's case between himself, his wife and his daughter.
Also, if your child says anything to a teacher about physical or sexual abuse or neglect, the teacher is obligated by state law to report it and the authorities take over from there. It doesn't matter that it really isn't the case. It doesn't matter if it involves you or someone else (teacher or student or friend or relative). It's pushed into the court system. In that case I guess you could say they've inserted themselves between parental rights and children.
There are two distinct classes of men - those who pay taxes and those who receive and live upon taxes. - Thomas Paine
Yep, that's confusing all right. It comes down to what Indiana state law says, then. I don't know what that is. But it appears that a minor doesn't need a parent's consent for health care and testing at least in some states. Here's an applicable excerpt:
"But even in the case of general medical care, there are exceptions, Ermer's survey shows. In South Carolina, a minor (aged 16 or older) can consent independently to general medical treatment. Yet, any physician who deems such care "necessary" may provide it to a minor of any age regardless of whether the minor or the parent approves.
The more typical practice is for states to pass laws that affect a handful of highly controversial or sensitive issues, rather than addressing general medical care.
"The laws do vary from state to state, particularly in alcohol and drug abuse and mental health services," Ermer points out.
It is probably unrealistic to expect a hospital compliance officer, health plan representative or physician to consult volumes of state laws every time they are faced with a minor (or his or her parent), to see if there is some special requirement. An easier method of being compliant is to know the types of treatment for which there may be state laws, and then refer to them when necessary.
According to Ermer's study, most often states have passed laws concerning minors receiving the following:
States vary in how they address the treatments and services noted above. But the survey reveals some commonalities among the states concerning the following:
Age of majority: The age of majority is 18 in most states, but not all. It is age 19 in Alabama and Nebraska and 21 in Pennsylvania and Puerto Rico. Ages are also important in a variety of other situations, such as in the provision of mental health services (minors can consent at age 12 in California, Georgia, Idaho and Illinois; 14 in Delaware; 15 in Colorado and 16 in Kentucky).
Methods of emancipation: Many consider a court order, marriage, pregnancy or divorce to result in the minor reaching majority status or being "legally competent," as Ermer puts it. California and Vermont add military service to the list, while Iowa considers emancipation to occur following the conviction (as an adult) of a crime.
STD/HIV tests and treatment: Most states allow minors to consent independently. Some (Vermont and Virginia) require providers to give results to parents or guardians, but more are silent on this issue.
Abortion: Twenty-four states have laws on the books requiring parental consent before the service is performed, but in close to half the states the law is not enforced due to a successful court challenge. States that don't insist on parental consent tend to require notification, however. These include Colorado, Florida, Illinois, Iowa and Ohio.
- Thomas Paine
IMHO the government shouldn't be inserting itself between parents & children unless those parents are found guilty in a court of law, by a jury of their peers of abuse or neglect of those children.
In the above Washington DC case, I don't think the gov't was inserting itself. I think it was offering an opportunity and I think some parents and kids took advantage of it.
On the other hand, from Brent's post it's clear the government is going to wedge itself between you and your child if push comes to shove and your child and some other authority want to make an issue of it. I have the feeling that's what happened in Jeff Hardin's case between himself, his wife and his daughter.
Also, if your child says anything to a teacher about physical or sexual abuse or neglect, the teacher is obligated by state law to report it and the authorities take over from there. It doesn't matter that it really isn't the case. It doesn't matter if it involves you or someone else (teacher or student or friend or relative). It's pushed into the court system. In that case I guess you could say they've inserted themselves between parental rights and children.
- Thomas Paine