10.2 Legal Responsibilities and Rights of Parents

Because of the adolescent client’s developmental status, their parent(s)/ guardian(s) have legal obligations to and for them. Parents and guardians have a legal duty to protect their minor children and keep them safe (Koelch, 2010). They are responsible for constructing and maintaining a safe, healthy, and stimulating environment for the child to maximize their growth until they reach the age of majority and become legally competent (Kerwin, 2015). As children grow up, their sense of identity, autonomy, and decision-making capacity increase, though state statutes do not reflect these developments (Koelch, 2010). Instead, parents have the right to consent to or refuse treatment, with some exceptions in state laws based on the mature minor doctrine discussed above (Koelch, 2010). In situations where the adolescent client resides with foster parents, counselors may need to turn to the state to give consent for treatment due to the absence of legal guardianship of the minor person (English, 1990). When the child’s safety/ harm/ abuse is in question, the state or a government social worker can give consent for a young person to participate in treatment through family court proceedings (English, 1990).

Recall that minors cannot enter legally binding contracts such as the one required to participate in a counseling relationship, and it would be an ethical misstep to give adolescents sole power in their care decisions due to their legal status (Koelch, 2010). By common law, parents must consent to minor participation in care (English, 1990). In some states, adolescents can give valid informed consent for services related to sexual health, outpatient mental health, and substance use before the age of majority and without a parent (English, 1990). Deciding who can permit treatment requires careful consideration of ethical codes and state laws. Additionally, counselors delineate the parents’ rights in consenting to care versus accessing documents or clinical information about their child later. While they may be legally privy to this information, they share only what is needed for child welfare, and discuss openly with their young client what content is shared and why (Koocher, 2003). Adolescents have a right to know what is shared with family and also the right to decide how or if they want to be involved in that process. Counselors juggle adolescent autonomy and parental legal rights closely, carefully, and frequently when working with adolescents. Every family is different, and they remain open to various ways of handling concerns that arise in counseling.