Alderman EM, Breuner CC. Unique Needs of the Adolescent. Pediatrics. 2019; 144 (6).
Keywords: Adolescent, Adolescent Behavior/*physiology/psychology, Adolescent Development/*physiology, Child, Female, *Health Policy/trends, Health Risk Behaviors/*physiology, *Health Services Needs and Demand/trends, Humans, Male, Pediatrics/methods/trends, Sexual
Adolescence is the transitional bridge between childhood and adulthood; it …
Adolescence is the transitional bridge between childhood and adulthood; it encompasses developmental milestones that are unique to this age group. Healthy cognitive, physical, sexual, and psychosocial development is both a right and a responsibility that must be guaranteed for all adolescents to successfully enter adulthood. There is consensus among national and international organizations that the unique needs of adolescents must be addressed and promoted to ensure the health of all adolescents. This policy statement outlines the special health challenges that adolescents face on their journey and transition to adulthood and provides recommendations for those who care for adolescents, their families, and the communities in which they live.
Breeuwsma G, van Geert P. Developmental psychology and decision-making by minor patients. Brill / Nijhoff. Children's Rights in Healthcare. 2018; : 111-149.
Davis M, Fang A. Emancipated Minor. NCBI Bookshelf. StatPearls. 2023.
Adolescence is the critical transition from childhood to adulthood, …
Adolescence is the critical transition from childhood to adulthood, characterized by unique biological, cognitive, emotional, and social changes. In the United States, adolescence also marks the last stage in a minor's life before he or she transition's to legal adulthood at the age of 18 in most states. Minors legally cannot provide consent to their medical care and are not subject to the confidentiality protections under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Parents or legal guardians usually have the authority to make medical decisions on behalf of minors and access their confidential medical information under the "best-interests standard" since, under the law, minors lack the cognitive maturity to be considered competent like adults.
House.Gov
Federal rules of evidence. Article VII-Opinions and Expert Testimony
Miller AJ, Narang S, Scribano P, Greeley C, Berkowitz C, Leventhal JM, Frasier L, Lindberg DM. Ethical Testimony in Cases of Suspected Child Maltreatment: The Ray E. Helfer Society Guidelines. Academic Pediatrics. 2020; 20 (6) : 742-745.
Keywords: Child, Child Abuse, Child, Preschool, *Expert Testimony, *Guidelines as Topic, Humans, *Physicians, Societies, Medical
New guidelines for ethical testimony were developed by the Ray E. Helfer …
New guidelines for ethical testimony were developed by the Ray E. Helfer Society, the largest medical professional society for physicians working in the field of child maltreatment. Building on the foundation of ethical guidelines set forth by the American Academy of Pediatrics, these new guidelines set detailed standards for testifying in cases of suspected child maltreatment and recommend that hospitals, medical practices, academic institutions, and professional societies hold their members accountable for court testimony related to child maltreatment as with other forms of medical practice and expert testimony.
Pirotte M. Pediatric Protective Custody. emDocs. 2017.
Consent for treatment has long been considered a cornerstone in ethical medical …
Consent for treatment has long been considered a cornerstone in ethical medical practice. Children are considered to lack capacity to consent under the law, and therefore consent for their treatment falls to their legal guardians. In 2011 the American Academic of Pediatrics issued a policy paper on emergency care for children which states that “a child’s legal guardian… is required to act in the best interests of the child. When a legal guardian refuses to consent to medical care or transport that is necessary to prevent death, disability, or serious harm to the child, law enforcement officers may intervene.”1 When an emergency physician (EP) is faced with a scenario in which he or she does not believe a legal guardian is acting in the best interests of the child, further investigation and possibly action is required. In cases where the child’s health or safety are in question, the EP may consider taking temporary protective custody of a minor under their care.
Sharko M, Jameson R, Ancker JS, Krams L, Webber EC, Rosenbloom ST. State-by-State Variability in Adolescent Privacy Laws. Pediatrics. 2022; 149 (6).
Keywords: Adolescent, Child, Confidentiality, Contraceptive Agents, Female, *HIV Infections/prevention & control, Humans, Pregnancy, Privacy, *Substance-Related Disorders, United States
OBJECTIVES: Health care providers managing the complex health needs of …
OBJECTIVES: Health care providers managing the complex health needs of adolescents must comply with state laws governing adolescent consent and right to privacy. However, these laws vary. Our objectives were to summarize consent and privacy laws state-by-state and assess the implications of variation for compliance with the 21st Century Cures Act and with evidence-based guidance on adolescent care. METHODS: We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation. We compared state laws and regulations with American Academy of Pediatrics' evidence-based guidelines to assess consistencies in guidance. RESULTS: We observed notable state-by-state variability in laws governing consent for adolescent patients. No states had identical policies for all services studied. For example, although all states had provisions for consent to management of sexually transmitted infections, there were variable specifications in the age and type of minor, whether this includes human immunodeficiency viruses, and whether confidentiality is protected. Providing confidential care to the adolescent patient has been set as a priority by medical societies; however, guidelines are limited by the need to comply with state laws and regulations. CONCLUSIONS: State laws on consent and privacy for adolescents are highly variable, and many do not reflect pediatric professional standards of care. This inconsistency is a barrier to operationalizing a consistent and equitable experience providing evidence-based medical care and ensuring adolescent privacy protection.
