Decision Making Authority and Substance Abuse Treatment for Adolescents: A Survey of State Laws

Journal of Adolescent Health 44: 323-334, 2009

Posted: 15 Aug 2014 Last revised: 5 Sep 2014

See all articles by Tori Lallemont

Tori Lallemont

Quorum Review IRB

Anna C. Mastroianni

University of Washington - School of Law; University of Washington, Dept. of Health Services, School of Public Health; University of Washington, Dept. of Pediatrics and Department of Bioethics and Humanities, School of Medicine

Thomas Wickizer

Ohio State University (OSU)

Date Written: February 24, 2009

Abstract

Purpose: State laws concerning decision-making authority for voluntary inpatient substance abuse (SA) treatment of minors may be a potential barrier to appropriate treatment. We sought to identify and classify relevant laws related to the provision of voluntary inpatient SA treatment to adolescents 12 to 17 years (minors) as an exploratory assessment to improve understanding of how these laws might affect treatment decisions.

Methods: In summer 2006, we conducted a survey of statutes, regulations, and legal cases in the 50 states and the District of Columbia regarding the authority of parents (or guardians) and minors to make treatment decisions for voluntary inpatient SA treatment.

Results: All 50 states have laws applicable to voluntary inpatient SA treatment for adolescents, and the laws vary significantly throughout the nation. If a minor and parent disagree about SA treatment, some states defer to the decision-making authority of the minor, whereas other states defer to the parent. Most significantly, the majority of states fail to specify whether the minor's or the parent's decision will control in the event of a conflict.

Conclusions: The lack of clarity in state laws regarding decision-making authority for voluntary inpatient SA treatment of minors may create a potential barrier to treatment for adolescents, especially those with more serious SA problems. This lack of clarity could lead to confusion among parents, adolescents, healthcare professionals, and treatment facilities, and ultimately could result in a failure to treat adolescents in need of medical attention. Policymakers should ensure that state laws clearly specify procedures to enable treatment if a conflict arises between adolescents and parents, including procedures to ensure that the due process rights of adolescents are protected.

Keywords: substance abuse, adolescent, decision, authority, state law

Suggested Citation

Lallemont, Tori and Mastroianni, Anna C. and Wickizer, Thomas, Decision Making Authority and Substance Abuse Treatment for Adolescents: A Survey of State Laws (February 24, 2009). Journal of Adolescent Health 44: 323-334, 2009, Available at SSRN: https://ssrn.com/abstract=2475251

Tori Lallemont

Quorum Review IRB ( email )

1501 Fourth Avenue, Suite 800
Seattle, 98101
United States

Anna C. Mastroianni (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

HOME PAGE: https://www.law.washington.edu/directory/profile.aspx?ID=144

University of Washington, Dept. of Health Services, School of Public Health ( email )

Seattle, WA 98103
United States

University of Washington, Dept. of Pediatrics and Department of Bioethics and Humanities, School of Medicine ( email )

Seattle, WA 98195
United States

Thomas Wickizer

Ohio State University (OSU) ( email )

Blankenship Hall-2010
901 Woody Hayes Drive
Columbus, OH OH 43210
United States

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