Parental Rights

Limits
BY: Emily Holland, Miguel Escalera,
Grace Northam
 What Is It?

Parents have rights and limits for their children when it comes to health care.
The parents can decide what type of health care their child will receive. Most
of the time parents make all of the medical decisions. These choices can range
from something such as a vaccine to surgeries or life saving procedures. Many
different factors play into the “final call” made by the parent or guardian.
 Who is involved or being affected?
❏ Both parents and children
❏ Some minor’s are benefitting from more freedom to make their own
medical choices
❏ Parents and children can also experience the negative effects based
on their decisions with health care
 When, Where, Why?
When : Around 1960

❏ Between 1960-1965 health care spending grew on average about 8.9%

and health insurance became more available (This allowed more families
to see doctors)
❏ New advances created parental rights for their children
❏ The debates with parental right limitations are still current

Where : The limitations are seen around the world

Why it is important : This topic is important because laws are changing and
medical care is constantly advancing
 Ethical Aspects

❏ There are no specific costs for parental rights

❏ Typically medical workers have to follow the parents beliefs
❏ When it comes to moral code, people making the decisions (typically
parents) should choose what is best for the child and/or respect the
child’s wishes
❏ In the future more laws will be put in place nationally to help everyone as
a whole. This could affect: Schools, living situations, extracurricular
activities, etc.
 The Law

❏ In Oregon, minors who are 15 and older are able to consent to medical
and dental services without parental consent.
❏ In Oregon, a minor who is 14 and older can access outpatient mental
health care and drug or alcohol treatment without parent consent.
❏ Throughout the United States the law varies state to state with how old
you have to be to access medical services.
 The Law Continued

❏ In the United States someone is classified as minor as someone who is

under 18.
❏ Some exceptions to being classified as minor under 18:
❏ If the person is a parent
❏ If they are married
❏ If they are emancipated
❏ Doctors try to involve the patient even if they’re a minor however usually
to final decision goes to the parent to make.
❏ If a doctor feels that the parents are not fit to make the right decision for
the child they can challenge the parent.
 The Law Continued

❏ Potentially in the future there could be a change nationally with how old
someone has to be to make their own medical choices.
❏ Rise of parents not wanting to vaccinate
❏ Could be nationwide change of how old you have to be to make your
own medical decisions.
❏ Could be like Oregon’s age
❏ There is a new proposed amendment that people are trying to be passed
to give parents more control over their children’s education and overall
care.
 Religion
Jehovah's Witnesses

❏ Bible prohibits blood transfusions

❏ Should not store your own blood for future transfusions

Christian Science

❏ God will heal

❏ Prayers for those who are ill

Jewish beliefs

❏ Preserve life
❏ Drugs and surgery are last resort, avoid if possible
❏ Prayers to god is the most powerful healing tool
 Religion & Medical Care In The U.S

https://www.youtube.com/watch?time_continue=1&v=ylXZF3Wh0iY
 Case Study #1

Many cases have gone viral and made headlines which has created huge
controversy

Recent case: March 28, 2019

❏ 2 year old boy

❏ 105 temp
❏ Unvaccinated
❏ Parents were worried about repercussions
❏ Potential medical neglect
 Case Study #2
❏ Paper published in 2008
❏ Religious Jewish family
❏ 15 year old boy
❏ Diagnosed with acute myeloblastic leukaemia
❏ Parents relied on their rabbi’s opinion
❏ The parents said chemotherapy was okay but denied an immediate
bone‑marrow transplant
❏ The parents didn’t allow the 15 yr old to participate in discussions with his
doctors
❏ Parents had also requested that their son would not be informed of his
condition
 Compare & Contrast
Pros Cons

❏ Minors who are unable to make a ❏ Some minors might want

clear decision have the help of
parents
❏ Minors can benefit when parents
choose treatment that the child
might not want or understand
treatment that parents are
refusing
❏ Minors can not be given medical
care that they need due to
parents thoughts or beliefs

Short term benefits: Children could decided something such as receiving a

vaccine or procedure that parents advise against
Long term benefits: Children could have more freedom in their own health care
Consequences: some minors might refuse potentially life saving treatments
 Questions
1. At what age should minors have a dominant say in their medical
decisions?
2. If parents are seperated, how should medical decisions be made? What if
they disagree?
3. Should doctors be given more rights when it comes to a minor’s health
care?
4. If parents are religious and don’t want medical treatment for their minor
due to their beliefs but the minor doesn't have the same beliefs, how
should the medical decision be made?
 Bibliographies
https://depts.washington.edu/bioethx/topics/parent.html

https://kvoa.com/news/local-news/2019/03/30/police-raid-of-arizona-home-over-child-with-high-fever-shows-limits-of-parental-r

ights/

https://www.azfamily.com/news/chandler-police-remove-kids-from-home-after-sick-child-not/article_2ed1bc96-3b9a-11e9-abf4-

7fa4eaa39a0b.html

https://www.oregon.gov/oha/PH/HEALTHYPEOPLEFAMILIES/YOUTH/Documents/minor-rights.pdf

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2720471/

https://www.medscape.com/viewarticle/456472_2

https://parentalrights.org/understand_the_issue/current-state-parental-rights/medical/

https://www.guttmacher.org/state-policy/explore/minors-access-contraceptive-services

https://www.oregon.gov/oha/PH/HealthyPeopleFamilies/Youth/Documents/minor-rights.pdf

http://www.ajan.com.au/Vol25/AJAN_25-3_Tabak.pdf