rights & medications

[maniacmansion]

Where can I find out about a child's rights versus a parent's rights? I asked all of his doctor's, therapists, & the school but they all have different answers as to how far my rights go when it comes to me making decisions for him. He's only 11, he'll be 12 in may. The police said he has no rights that I can't take away except the right to breathe, but I think they were just trying to get him to listen. I went online, but I could only find info on rights you have when working with welfare. He's been trying to refuse to take his medications, but he's WAY to dangerous without them so I've been litterally forcing him to take him. His doctor's & the school said force him if you have to, but his counsler said it's his right to decide. I told her that if she was willing to keep him when he wasn't on medications that I was fine with her keeping him, otherwise the rule is take your medications---NO exceptions!!

 

[Stella Johnson]

The counselor is not an attorney. Lots of parents on this board have had problems with our difficult children refusing medications. You will have to find a way to make him. When my difficult child tried it, I made her entire world stop. No tv, no toys, no going outside until she took them.

If you are that worried about it consult an attorney in your area. At 11 I really dont think this is a real legal issue. More of a war of the wills between the two of you.



Steph

 

[ck1]

Wow! Sorry I can't offer any advice but I say bravo on holding firm that there are no exceptions. I hope you able to find more concrete answers soon.

 

[maniacmansion]

I checked with the prosecutor's office & they told me that as long as I don't cause physical harm I can physically force him to take medications prescribed by a dr. for now. However not even they knew what age it legally would become his choice & not mine. The lady I talked to said she'd try to find out for me.

 

[ysne58]

A child's rights vary from state to state. I would recommend looking up your local bar association and seeing if there are any member attorneys with an expertise in that area that you could talk to briefly.

 

[flutterbee]

I just spent about 2 hours searching the Ohio Revised Code and couldn't find anything. That doesn't mean it's not there. This is the closest thing I've found:

https://www.osma.org/

Go down to the 'Who is a mature minor?' question.

A minor, a child under 18, is considered mature when a physician determines, on a case-by-case basis, that the minor is capable of giving informed consent to treatment. The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional capacity is in question. Once a finding has been made that the minor possesses the capacity to consent, the minor must give informed consent exactly as an adult would. Minors younger than 15 should not be determined mature by the physician without judicial guidance. This applies especially to minors about to receive major procedures or in life-threatening situations.

It would seem to me that if a mature minor can give informed consent than s/he can refuse treatment, too, but I'm not an attorney.

I would contact an attorney or the Ohio State Medical Board for clarification. The Medical Board enforces compliance issues per the ORC, so they should be able to give you an answer.

Also, during my search of the ORC I found several references to 'mentally ill person' and his/her ability to make decisions so I would think that presence of mental illness would make it harder for a doctor to declare a minor a mature minor considering that, "The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional capacity is in question." Again, I'm no attorney. Just thinking logically.

 

[meowbunny]

I would suggest you go a totally different route -- call your county social services or child protective services or whatever it is called where you live, ask for a supervisor and ask that person. Ultimately, it is child social services who determines what is or is not child abuse and even that can vary from worker to worker. You don't have to give your name -- at least not normally. Simply state you need to know what the rules are for their department since you can't get a concrete answer elsewhere.

Many police officers are pro corporeal punishment -- even when banned by CPS, so they are not a good place to ask. An officer's opinion has as much weight as your next door neighbor's before a juvenile judge.

If you can't ask them, you might call the DA's office and ask for a juvenile attorney and ask them. You might get a more real answer than calling attorneys at random.

 

[Sara PA]

Have you asked him why he doesn't want to take his medication? He might have a reason.

 

[Janna]

I was kinda wondering the same as Sara. My son took both those medications, Geodon and Clondonine, at seperate times, and both were bad.

Geodon stimulated him like crazy and Clonodine made him zombified. Maybe your son is trying to tell you he's feeling like pure crud on these medications?

Maybe not, just a thought.