Child Mental and the LawSimon and Schuster, 2010 M06 15 - 628 pages The legal aspects of child mental health have changed in recent years, yet many who deal professionally with disturbed children are ill informed about the rights and responsibilities of minors. Child Mental Health and the Law addresses the need for a comprehensive, up-to-date text that describes the evolution of child mental health law and the relevance of the law to the child mental health clinician. |
Contents
| 12 | |
| 39 | |
THE EDUCATIONAL RIGHTS | 72 |
CHILD CUSTODY DISPUTES | 87 |
FORENSIC EVALUATION IN CASES | 132 |
PSYCHOLOGICAL TRAUMA AND CIVIL LIABILITY | 186 |
5599 | 190 |
MALPRACTICE | 220 |
2222 | 297 |
THE RIGHTS OF INSTITUTIONALIZED CHILDREN | 318 |
75 | 330 |
THE CHILD MENTAL HEALTH PROFESSIONAL | 342 |
Sample Reports | 389 |
Landmark Cases | 458 |
Notes | 493 |
Bibliography | 547 |
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Common terms and phrases
action adolescents adult alleged Amendment attorney award behavior best interests capacity cause Chapter Charly Morris child abuse child custody clinical commitment competence concerning constitutional counsel Court found criminal damages decision defendant defendant's delinquency disclosure discussed disorder divorce drug due process duty duty of care emotional distress evidence example expert factors father forensic evaluation Fourteenth Amendment harm hearing hospital incest informed consent injury interview involved issue joint custody judge jury juvenile court legislation liability malpractice medical malpractice ment mental health clinician mentally ill minors mother negligence offense parens patriae parents parties patient person physician plaintiff posttraumatic stress disorder procedure protect psychiatric psychological testing psychotherapy question reasonable regard relationship risk sexual abuse social standard statute stress suicide Supp Supreme Court surrogacy testify testimony therapy tion tort trauma treatment trial victim visitation witness
Popular passages
Page 70 - It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. . . . Three generations of imbeciles are enough.
Page 478 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Page 77 - related services' means transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, and medical and counseling services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a handicapped child to benefit from special education, and includes the early identification and assessment of handicapping conditions...
Page 10 - The truth is, that the law is always approaching, and never reaching consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not yet been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.
Page 273 - Kent should have been transferred; but there is no place in our system of law for reaching a result of such tremendous consequences without ceremony — without hearing, without effective assistance of counsel, without a statement of reasons.
Page 46 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 72 - If sufficient funds are not available to finance all of the services and programs that are needed and desirable in the system, then the available funds must be expended equitably in such a manner that no child is entirely excluded from a publicly supported education consistent with his needs and ability to benefit therefrom. The inadequacies of the District of Columbia Public School System, whether occasioned by insufficient funding or administrative inefficiency, certainly cannot be permitted to...
Page 90 - The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
Page 307 - General that it is not enough for the district judge to find that "the defendant [is] oriented to time and place and [has] some recollection of events," but that the "test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding— and whether he has a rational as well as factual understanding of the proceedings against him.
Page 78 - B) procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature- or severity of the handicap is such that education in regular classes with, the use of supplementary aids and services cannot...