Volunteering children: parental commitment of minors to mental institutions.

TLDR: In most states,' parents may commit their children to mental institutions without a hearing or any other form of judicial scrutiny.

Abstract: In most states,' parents may commit their children to mental institutions without a hearing or any other form of judicial scrutiny. If a parent wants a child committed, and a hospital will accept the child as a patient, no legal authority will hear the child's protest. Moreover, the child-patient has no standing to petition for release from the institution until he or she reaches the statutory age of majority. Until that time any request for discharge must be made by the parent. Thus

Frequently asked questions

Q1. What are the contributions mentioned in the paper "Volunteering children: parental commitment of minors to mental institutions" ?

If a parent wants a child committed, and a hospital will accept the child as a patient, no legal authority will hear the child 's protest. 

Q2. Why would the state provide for a judicial inquiry into the real wishes of a child?

Because of the potential for parental intimidation of children, the state might well provide for judicial inquiry into the real wishes of a child who "agrees" to hospitalization. 

Q3. What are the factors that determine whether a patient is released?

1. Institutional ConsiderationsInstitutional contingencies which play an important part in determining whether a patient is released range from the number of beds available in the hospital to policy regarding release of the marginally ill. 

Q4. What is the reason that mental patients received representation inferior to that afforded criminal defendants?

'241Inadequate legislation and a lack of favorable judicial decisions are not the only reasons that mental patients received representation inferior to that afforded criminal defendants. 

Q5. What is the reason why hospital staffs may not be successful in sorting out patients who do?

Another reason why hospital staffs may not be successful in sorting out patients who do not need to be institutionalized is that institutionalization itself may induce aberrant behavior, thus reinforcing the admitting psychiatrist's original judgment that the patient needs hospitalization. 

Q6. What is the first forum in which the attorney should present the client's wishes?

If the child's desire is to contest the proposed hospitalization, the first forum in which the attorney should present the client's wishes is a negotiation conference with the parents and hospital staff. 

Q7. What are the motives of parents seeking the institutionalization of their retarded children?

It has been noted that the motives of parents seeking the institutionalization of their retarded children include the interests of other children in the family, the mental and physical frustration of the parents, economic strain resulting from caring for the child at home, the stigma of retardation, hostility resulting from the burdens of caring for the child, the parents' success-oriented expectations of the child, and the advice of doctors who are ignorant of other treatment possibilities. 

Q8. What is the important function of the lawyer in the system of juvenile commitments proposed in this?

Which the Lawyer Can Provide for the Child-ClientIn the system of juvenile commitments proposed in this Article, the most important function of the lawyer would be to ascertain what the real wishes of the client are regarding the proposed hospitalization, and then to advocate the client's position. 

Q9. In what period of time did the Court extend procedural safeguards to children?

Between 1966 and 1971, almost all the procedural safeguards of adult defendants were extended to children in delinquency proceedings.