What's the crime when a parent falsely commits a child to a mental health facility for ulterior motives?
Mental Health Centers will often accept minors if their custodial parent commits them and has health insurance to pay for their institutionalization. But when the parent is not qualified to make such determination as to the true mental health of the child, what crime has the parent commit for orchestrating a false institutionalization? Can the mental health facility be held liable for accepting a healthy minor and forcing them into treatment and medication when the minor has no mental illness or psychosis and does not need treatment or medication? What is the body of law that governs patient rights of minors in this situation? The parent won't specify what they believe is wrong outside of claiming the child is having anxiety attacks, yet there is nothing in the child's behavior or words that would indicate an anxiety attack. The mother talks over and ignores the child, and when the child gets upset for being treated this way, the mother says it is the child's fault and they are having an anxiety attack. The child now feels as though they cannot express any emotion whatsoever for fear the mother will label it disfunctional or suspect, and the mother doesn't even have a college degree and no training in mental health diagnosis or therapy. At worst, the child may need to learn to be more patient and not jump to conclusions, but after years of being trampled over and ignored, one can understand their trained frustration.
Mental Health - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Interesting question. It really depends on the motivations of the parents. Can you clarify? If it's for attention, the parents have Munchausen by Proxy. If they're trying get rid of the kid for a while, it's neglect or emotional abuse. If the mental health facility knows that the child is not sick and still institutionalizes him/her, then it's probably something like a civil rights violation. Either way, the Family Courts/Department of Child and Family Services in your area would be the place to start. But can you clarify more?
2 :
The law kinda gets murky in this area. As the parent/guardian is in controll of the minor's well being, they have the right to grant temporary custody to a mental facility, but if there really isn't anything wrong with the child the facility probably won't take them in.
3 :
From what is stated, there may be parental negligence, or child endangerment. The institution may be liable for misdiagnosis or acting without physician participation in treatment. If there is a primary doctor for the child, records must be subpoenaed to see what medications have been prescribed and if there is a history of mental instability. If the child has received an inheritance and has an executor, there may be additional charges, but this should be discussed with an attorney, and/or the child should be taken to a psychologist for evaluation.
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