Posted: December 1st, 2022

Emancipated Minor, Health Law and Ethics

topic: Emancipated Minor

Review the following link:

https://www.law.cornell.edu/wex/emancipation_of_minors

Explain the term “emancipated minor” as it pertains to the provision of healthcare.

Identify the factors that must exist for a child to be considered an emancipated minor.

Directions to student: The final paragraph (three or four sentences) of your initial post should summarize the one or two key points that you are making in your initial response. You will be writing three or more discussion posts per week.

Your main post must be two to three substantive paragraphs 150-200 total words and include at least two Help write my thesis – APA-formatted citations/references. Please follow up with two subsequent replies to colleagues. Each reply should consist of a relevant paragraph containing 100 words or more.

Must use Reference : Legal and Ethical Issues for Health Professionals, 4th, George D. Pozgar

Note: Keep it as basic as possible, Basic English

Emancipated Minor

The term “emancipated minor” refers to a child who has acquired certain rights under the law which allow such a person to live without direct supervision of parents. Under the provisions of health care laws, emancipation of a minor occurs to allow a child to exercise rights which would not be available to such a person under ordinary circumstances (Cornell Law School, 2017). The available statutes which stipulate the form of emancipation of a minor vary from one state to another.
Notably, both statute and common law make a presumption of emancipation when a person attains the age of majority although emancipation can occur at any age to fulfill the purpose of such a procedure under law (Bornstein & Leventhal, 2015). Factors which could lead to emancipation of a minor take into account the views of the minor on the past experiences or the perspectives of the guradian or parents about the welfare of the child.The court will assess the circumstances of the case with a view to ascertaining the extent of betrayal of parental responsibility before confirming emancipation of a minor (Cornell Law School, 2017). Other relevant factors which must exist for a child to be considered as emancipated are desertion, lack of support from from parent on necessaries, abandonment and a doubtful conduct on the part of the parent or guardian (Pozgar, 2016). The applicable laws in such a case are the statutes within each state as well as the provisions of common law.
In conclusion, the nature of a relationship between a child and parent coulde be relevant in emancipation petition. This is important in the sense that a broken relationship could put a minor in danger and the court may consider such a possibility in granting emancipation. Often, decisions on whether a minor qualifies for emancipation or not under the law is made by a court. Under this, the guardian or the minor has a duty to offer evidence in proof of allegations of neglect of parental responsibility as a basis for petition on emancipation.

References

Cornell Law School. (2017). Emancipation of Minors. Retrieved from “https://www.law.cornell.edu/wex/emancipation_of_minors”
Pozgar, G. D. (2016). Legal and ethical issues for health professionals. Burlington, MA: Jones & Bartlett Learning.
Bornstein, M. H., & Leventhal, T. (2015). Handbook of child psychology and developmental science: Volume 4. Hoboken, New Jersey: Wiley.

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