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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

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September 28, 2015
Judge Tom
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Can you refuse medical treatment if you’re under 18?

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Every state has laws about the consents necessary for a variety of health care issues: contraceptive and pregnancy care, blood donation, substance abuse counseling, surgery, and others. What about medical treatment for something that you don’t want or agree with? Do you have the right to refuse treatment or medical care? Can your parents refuse medical care if it’s life-threatening?

In 2014, 17-year old Cassandra C. of Connecticut was diagnosed with Hodgkin’s lymphoma. Her doctors recommended chemotherapy which she and her mother opposed. When they failed to appear for several medical appointments, the state department of children’s services was contacted and the courts got involved.

A hearing was scheduled for Cassandra to show that she was what is called under state law a “mature minor.” If the court found that she was mature enough to make competent medical decisions on her own, she would be allowed to do so. However, the judge determined that she did not meet the law’s criteria and placed her in state custody. She remained hospitalized until the treatments ended and allowed to return home in April, 2015.

Courts are usually reluctant to intervene in medical cases when parents and children are involved. But when it comes to a life-threatening situation, the law allows legal intervention in the best interests of children and teenagers. This is seen in cases of parents who refuse medical care or blood tampering for religious reasons. It’s a fine line to walk between individual rights and state intervention in family matters. What do you think about this? Should courts be authorized to step in and make these decisions in place of the parents? What about a young person who is just months away from adulthood at 18?

Photo by Tom Hart

 

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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