Thesis Without My Consent

Abstract

There once was a time when parents were responsible for their children, but that time has long since passed. With School-Based Health Centers (SBHC'S) minors are able to not only able to receive medical, dental, and mental health treatment, but they are also able to obtain an abortion without so much as even giving notification to either parent. SBHC'S are expanding across the country, and where the situation is far too much for the minor to handle our children are fighting depression, guilt, and even suicidal tendencies. While they are able to obtain medical treatment through prescription drugs, this can also make matters worse. While Oregon law will not persecute any harm done through acts of service provided in good faith, it leaves an open door for mistakes to happen. Oregon law states that a minor does not need to obtain parental consent for an abortion, nor do they need to even inform their parent(s) that they are going to have one. In states where at least notification (to tell them only, not obtain permission) there are also laws for a Judicial Bypass for the minor. This allows the minor to obtain permission from the court for abortion, rather than the parent. The minor decline in the amount of teen pregnancies and births cannot rightfully be credited to these statutes. While some situations may truly call for the minor to do what is needed to protect them self by not informing the parent(s) of their situation, all situations do not call for non-parental consent. There is far too much at stake for every minor to be allowed this type of responsibility.

Keywords: minors rights, teen pregnancy, consent for abortion, non-parental consent.

Without My Consent

It seems as if it was just yesterday when parents were fully responsible for their children. It was understood that anyone under the age of 19 years old was sure to still be were sure to still be living at home, and even at twenty-five years, we were still wet behind the ears and still in need some home-training. Parents were held responsible for their children's actions, and there was no fear in a parent(s) to use belt (or wooden spoon) to implement the rules and regulations for growing up. Children did not have any rights, and parents did not have any interference from the government on how to raise them. The times have surely changed since then, and Oregon is one of many states that has implemented what are known as School-Based Health Centers (SBHCs) which allows for a minor (ages 15 and under) to obtain "mental health, outpatient drug or alcohol treatment (excluding methadone), medical, or dental treatment, without parental consent" (Adolescent Health, 2010.) This is said to protect the minor from possible abuse when the parent(s) is informed.

For 25 years the SBHC's have provided licensed physicians, psychologist's, and nurses to focus on what they call "a healthy population, extraordinary patient care, provide it at a reasonable cost" (School-Based Health Centers 2011 Status Report: Focusing on our Future.) While this can be the only way for some children, is it really the best way for all children? Oregon is one of only four states-plus the District of Columbia to have no laws requiring parental consent, or even notification, for a minor to obtain an abortion (Vincent). Is it not the parent who will have to provide the home help in the care of the minor who is facing the mental or medical issue? Depression, mental issues, and even guilt from the loss of a child are not simple situations for anyone to overcome. (Teen Depression: A Guide for Parents and Teachers, 2011) When left untreated teens can develop problems at home, in school, even develop an addiction. In some occasions it has also lead to both homicidal violence and suicide. While depression is said to be increasing in teens and medication is available, it has been proven that antidepressants can also increase a teens symptoms of violence and suicide. Adults are held responsible in making sure that children are educated; adults are held responsible when minors vandalize property, yet government officials feel that it is best for minors to make their own decisions when it comes to some of the most important decisions they will make in their life.

Oregon Revised Statue (ORS) 419B.550 defines a minor as "a person under the age of 18 years) but there is no definition of what minor(s) are mentally capable of making such a decision on their own. An Oregon teen is also defined as a "person making the developmental transition from childhood to adulthood, usually from 13 to 19 years of age." In this definition it states that the "term is used interchangeably with adolescent" (Oregon Youth Sexual Health Plan, 2009.) While the term is used "interchangeably with the adolescent" where is the line between those who are developmentally disabled and those who are not? When you need to protect a child that is on a destructive path how do you do so when your rights as their parent, have been taken away? "On November 7, 2006, voters in California and Oregon rejected ballot initiatives that would have required parental notification for teens aged 15-17 years seeking to obtain an abortion." If a minor gives permission for a treatment or surgical procedure, and may not be aware of a bloodline allergy and to an anesthesia or prescription, and it becomes an issue that turns fatal, ORS 109.685 protects the person providing treatment from any civil liability. It is hard to believe that a parent would state that all is forgiven, when the doctor says that it services were provided in good faith. Is it so wrong to take each situation on a case-by-case basis? Any child would say that they were afraid to tell their mother and father that they were pregnant, or addicted to drugs alcohol. Oregon law states that "while it does not give minors a "right" to confidentiality, it also does not give parents a "right" to disclosure" (Adolescent Health, 2010.) While it is intended for the minor to feel safe and secure to have the right to make such decisions with the guidance of an adult, it does not change the fact that the child still has to go home and deal with the issue(s). In 2008, The National Campaign to Prevent Teen and Unplanned Pregnancy took a study to see just where the United States stood along seventeen other countries. "Although the United States had a one-third decline since the early 1990's, we are still holding first place for the highest rates of teen pregnancy and birth among the comparable countries. The United States saw 41.5, while the United Kingdom (in 2006) had 26.7, and Australia was third with 17.1. The rate in the United States