![]() Michael’s Hospital: Ī person younger than 16 years who is found to be incapable in regard to admission to a psychiatric facility has the right to meet with a rights advisor who will inform them of their legal rights and assist them in asserting those rights. In some cases where the parent is unable or incapable of making treatment decisions, a court may appoint a legal guardian to decide on the child’s behalf.įor more information about the capacity of a young person, please visit the Justice for Children and Youth page, at įor more information about substitute decision-making, please see this brochure created by St. The substitute decision-maker for a young person under 16 will likely be one or both parents. The wishes of the young person should also be taken into consideration. If the person is under the age of 16, the substitute decision-maker must consent to or refuse the treatment based on the young person’s best interests. If anyone is found to be incapable of making a treatment decision, then a substitute decision-maker is asked to decide on that person’s behalf. ![]() Professor Robert Solomon, Distinguished University Professor, Faculty of Law, Western University, speaks about the age of consent and a young person’s capacity of consent for treatment in a video available at When a young person is judged not capable of suitably informed consent or refusal For example, the Education Act requires parental consent for IQ and personality testing if a student is under 18 years of age. It should be noted that there are a few legal statutes that do require a young person to be a specified age, and also capable to make certain decisions. A young person may be capable of making certain decisions but not others. An individual’s capacity may also vary over time. The issue of capacity requires the practitioner to consider the child’s age, maturity and general level of understanding. It is up to the person proposing the treatment to decide if the young person or child is capable of consenting or refusing consent. As a child gets older, however, the issue becomes more complicated. Appreciate the reasonably foreseeable consequences of consenting or refusing consent.įor obvious reasons, a baby or young child does not have capacity to consent.Understand the information relevant to the proposed treatment in issue, and.A young person will be found to have capacity to consent or to refuse consent if they both: There is no general age of consent to treatment or counselling instead, the issue depends on whether the young person is capable of consenting. Moreover, the person proposing the treatment must answer all of the patient’s questions fully and honestly. Not obtained through misrepresentation or fraudĪ consent to treatment is informed if, before giving it, the person received information about the nature of the treatment, the expected benefits, the material risks and side-effects, alternative courses of action, and the likely consequences of not having the treatment.In other words, as long as a young person understands the treatment, why it’s being recommended, and what will happen if they accept or refuse treatment, the health care provider and family must respect the young person’s decision. If the young person is capable, they can decide if they want to give or refuse consent to treatment. Treatment, such as counselling, medication, or psychotherapy, cannot be provided to a young person without consent. ![]() The law exists to help in these situations - to create a balance between what the young person wants, and protecting that person in vulnerable situations. This combination of parents (with and without custody) or guardians, siblings, other family members, and health care providers can sometimes make the process confusing: Who makes the decisions? Who has the right to information about the young person? What if the young person and the parent don’t agree? Many people are involved in the care of a child or youth that has mental health challenges. Understanding the legal rights of children, youth and their parents in mental health care, and where to obtain such information.
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