Can parents be found liable for failing to get medical or psychological treatment for a minor child? If so, what can happen to the parents?
Generally, parents have the right and responsibility to decide what kind of medical or mental health treatment their children receive. Parental decisions about medical care for everyday colds, bruises, and other minor afflictions will normally not be scrutinized by child welfare authorities. However, failing to obtain necessary medical or mental health treatment for a minor child that threatens the overall welfare of the child may result in a petition being filed in the juvenile court and a finding that the child is neglected or dependent. As a result of such a court finding, the parents may lose temporary or permanent custody of the child. In addition to the loss of custody, parents may also be subject to criminal prosecution for criminal medical neglect unless they can demonstrate that they intended to treat the child spiritually under the practice of a religious belief.
Related Questions
- Many of our minor patients have parents who are divorced. If the parent who does not have custody of the child requests the childs medical records, may I release them?
- If the parents of a minor (child) are divorced, which parent is financially responsible for the childs medical bills?
- Do both divorced parents have a right to review the information in their minor childs medical records?