Tag: Legal
In the News Articles - Summer 2010
The best of news and research articles from publications nationwide, as selected by the Child & Adolescent Bipolar Foundation, updated weekly.
Glossary of Terms
This document gives a listing of the acronyms, abbreviations and terms used by doctors, educators and other treatment professionals.
Suggestions for Workers in the Juvenile Justice System
Suggestions for Workers in the Juvenile Justice System
Finding an Attorney or Advocate
Important rights are at stake in the legal issues discussed here, and the outcome of these situations can have profound implications for your family and for your child's future. An attorney can be a valuable consultant; if you have not obtained the desired results through your own efforts, skilled legal representation will almost always help your cause.
You can hire an attorney either for an entire matter or as a consultant for a limited number of hours. Following is basic information on this process.
Q: Does hiring an attorney mean I'm going to be involved in a lawsuit?
Disclosure of Medical Information
States have their own specific laws defining when medical information can be released. In the usual case, written consent of the patient is required. For a minor, the written consent of the parent or guardian may be required. The state in which you live may limit a parent's right to access his minor child's mental health records. In some states, a parent is not entitled to inspect or obtain copies of a minor's patient records if the minor is authorized by law to consent to his own medical treatment.
Consent for Treatment
Parents and legal guardians generally have the right — as long as they are not acting irresponsibly — to give consent for their minor child's medical treatment. In some cases, preteen and teen children are asked or required to give their "assent" to medical treatment. This is a lesser standard than informed consent; it indicates simply that they have been told about the treatment and agree to it. "Informed consent" is a legal term referring to the right of individuals to make medical decisions only after full disclosure of relevant information.
The Juvenile Justice System
The Juvenile Justice System
If your child is prone to impulsive or aggressive acts, you should be prepared for the possibility of an encounter with law enforcement. We all hope that it will never happen to our children, but some teens with bipolar disorder at times lose control and break the law. This is especially likely when he or she refuses to take medication, uses street drugs and alcohol, has a co-morbid conduct disorder, or becomes unstable and displays poor judgment.
Allegations of Abuse
Children with bipolar illness can, and often do have episodes of aggressive outbursts or hypersexual behavior that are symptomatic of the illness. Fortunately, these symptoms usually respond to proper medical treatment. Due to the child's sometimes alarming behavior, teachers, babysitters, social workers, well-meaning acquaintances and other adults who are not familiar with the disorder may suspect the child has been the victim of abuse. Therefore, they may feel compelled to report parents to authorities for investigation.
Child Custody Issues
Custody issues can play a major role in determining a child's treatment for bipolar disorder. It's important to know your child's rights and your own rights as a parent, as both could be placed in jeopardy in cases of extreme financial need or divorce.
Relinquishing custody to the state
When parents cannot afford the costs of extended hospitalizations or residential treatment for their child, they may be told they must give up custody of their child to the state's child welfare or juvenile justice agency in order for their child to receive the needed treatment.
Health Insurance
While health insurance policies may cover hospital costs for treatment of "physical disorders," many exclude or severely limit coverage for psychiatric treatment. Some states require insurance carriers to provide the same coverage and benefits for severe psychiatric disorders that they provide for any other illness. These laws are called "parity laws." The American Academy of Child & Adolescent Psychiatry maintains a listing of parity laws by state.