
Contents
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Vignette 1: Parental Consent Vignette 1: Parental Consent
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Juveniles and Family Law in Divorce and Child Custody Juveniles and Family Law in Divorce and Child Custody
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From Parental Property to Best Interests of the Child From Parental Property to Best Interests of the Child
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Types of Legal and Physical Custody Types of Legal and Physical Custody
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Vignette 2: Married Biological Parents Vignette 2: Married Biological Parents
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The State’s Interest in Child Welfare and Protection The State’s Interest in Child Welfare and Protection
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Vignette 3: Assessing Concerns of Abuse Vignette 3: Assessing Concerns of Abuse
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Juveniles and Criminal Law Juveniles and Criminal Law
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Juvenile Courts Juvenile Courts
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Limitations on Sentencing of Juvenile Offenders Limitations on Sentencing of Juvenile Offenders
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Miranda and the Reasonable-Adolescent Standard Miranda and the Reasonable-Adolescent Standard
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Parental Liability for Juvenile Misconduct Parental Liability for Juvenile Misconduct
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Special Domains of Autonomy Special Domains of Autonomy
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Emancipated Minors Emancipated Minors
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Informed Consent for Mental Health Care and Medical Care Informed Consent for Mental Health Care and Medical Care
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Sexuality and Reproduction Sexuality and Reproduction
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Substance Abuse Treatment Substance Abuse Treatment
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Vignette 4: Confidentiality and Privacy Vignette 4: Confidentiality and Privacy
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Key Structures of Law Relevant to Juveniles Key Structures of Law Relevant to Juveniles
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Protected Health Information Protected Health Information
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Vignette 4, continued Vignette 4, continued
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Educational Rights and Privacy Educational Rights and Privacy
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Special Education Special Education
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Equal Access for Juveniles with Disabilities Equal Access for Juveniles with Disabilities
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Guidelines for Clinicians Guidelines for Clinicians
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Knowing the Law Where You Practice Knowing the Law Where You Practice
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Knowing To Whom You Owe a Duty of Care Knowing To Whom You Owe a Duty of Care
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Vignette 5: Legal, Professional, and Ethical Obligations Vignette 5: Legal, Professional, and Ethical Obligations
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Considering the Context in Which You Are Providing Care Considering the Context in Which You Are Providing Care
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Understanding Your Role in Legal Proceedings Understanding Your Role in Legal Proceedings
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Vignette 6: Testimonial Privilege Vignette 6: Testimonial Privilege
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Distinguishing between Confidentiality and Testimonial Privilege Distinguishing between Confidentiality and Testimonial Privilege
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Conclusion Conclusion
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Frequently Asked Questions Frequently Asked Questions
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References References
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Cite
Abstract
This chapter discusses areas of law relevant to mental health clinicians working with juveniles. Clinicians must be aware of the law in the specific jurisdictions in which they practice. The chapter provides an overview of several areas of law that clinicians are likely to encounter in their professional practice with juveniles, including legal constructs concerning the relationship between juveniles and their parents, guardianships, custody considerations in divorce cases, decision making on behalf of juveniles, and separate provisions for juveniles in the criminal justice system. It discusses the state’s interest in promoting the healthy development and protection of maltreated juveniles, shaping the provision of clinical care or education, and providing protections for juveniles with disabilities. Intended as a guide for clinical care providers, the chapter considers the differences between clinical and forensic roles and strongly cautions clinicians to avoid blurring these roles, which involve distinctly different responsibilities and rules.
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