What to Expect in the Military: A Practical Guide for Young People, Parents, and Counselors

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Legal Help Finder. Artboard Main Content Home. A Teenager's Guide to Emancipation.

What is emancipation?

What is emancipation? Who can be emancipated? You must also meet one of the following conditions: You are married or were married. You are on active duty in the U. You are willingly living apart from your parents or guardian with or without their consent and you are managing your own money.

The court decides that emancipation is in the best interest of you, your parents, or your child if you have one.


How can I become emancipated? What rights does an emancipated teenager have? If you are emancipated: You can get your own place to live, but you will have to pay the rent and other living costs. You can get medical care without your parents' permission, but you will have to pay the bills or get financial help in paying them.

You can sign contracts in your own name, and you must live up to the contract. You can sue other people, and you can also be sued. But you are entitled to the same protection by the police as any other person, including the right to be protected from violence by a family or household member.

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You can buy and sell property. You can register a car, get a driver's license or marriage license or join the armed services without your parents' permission. You can enroll in a school or college of your choice without asking your parents. You can get a certified copy of a birth certificate. How can I decide? For example: If you need some relief from family problems, you might be able to stay with a friend or in a youth shelter for a while.

You may want to talk to a trusted counselor or teacher. How will your parents react? If possible, sit down and discuss the problems with your parents before you file the petition. Can you support yourself? Will you want to go back to your family? Where to get help. Excerpt: "These obstacles [industry influence, cognitive bias in decision-making, and time constraints] and the notion that modern antidepressants are not as safe as once thought offer an opportunity to revisit the process of informed consent. A dynamic concept of informed consent is proposed with the acknowledgement that a mere listing of side effects or pro forma approach to informed consent is inadequate, and that a mindful and ongoing dialog with patients in which clinicians are responsive to patients' evolving needs as new information becomes available will more likely result in patient empowerment and a strengthening of the therapeutic alliance, thereby allowing patient and doctor to shoulder the burden of uncertainty together and leading to more optimal treatment outcomes.

Excerpt: "Separately and collectively, professional, ethical, and legal standards require that psychologists obtain consent from litigants prior to the initiation of forensic psychological evaluations. Psychologists have assumed this responsibility but may not have examined their professional capacity to fulfill this obligation. Psychologists lack the necessary legal training to fully inform the litigant of many legal ramifications of the psychological evaluation process. Even psychologists who are well informed in legal matters are not in a position to provide legal advice to litigants.

Lawyers have also had the responsibility of preparing their clients for forensic psychological evaluations, and they may be hampered in this duty by a lack of understanding of psychological testing and interview procedures, psychological ethics, and the details of forensic evaluations. In this article, we have explicated the rationale for a joint procedure for informing the litigant about the psychological evaluation. Journal of the American Medical Association , , vol. Excerpt: "Although practice varies widely, the current reality of informed consent In many settings clinical informed consent involves a laundry list of potential risks recited to a patient who has already committed to a procedure, followed by the requisite signatures on a form.

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It is not surprising that patient comprehension is often poor. In a recent study of patients who had just provided informed consent Excerpt: "Because the doctrine of informed consent evolved from a series of court decisions, it may differ from jurisdiction to jurisdiction. Despite this, the general outlines of the doctrine are fairly well agreed on. Three components exist: information, voluntariness, and competence. Excerpt: "Long, jargony forms mean that many patients have little idea what they are actually signing up to, says Dominique Sprumont, a health lawyer at the University of Neuchatel in Switzerland.

Some ethicists advocate digital consent forms, delivered by computer or smart phone. Interactive forms could lead participants through the consent process, and keep them more informed during the trial. Professional Psychology: Research and Practice , June , vol. Excerpt: "Obtaining the informed consent of supervisees at the outset of supervision is critical to minimizing risks and maximizing the benefits. Whether they are seeking supervision to meet academic, licensure, or certification requirements or to assist in rehabilitation following an ethical violation, supervisees all benefit from having clear information about that to which they are agreeing.

Many authors and specialty guidelines recommend, and ethical standards require, that informed consent be obtained in writing. The format in which the information is presented will vary with the type of supervision, the context, and the preferences and theoretical orientation of the supervisor. Child: Care, Health and Development , , vol 33 , 1, pages Excerpt: "A child can consent to treatment but usually in practice is unable to refuse it. Even if both the child and parents refuse treatment, courts are reluctant to accept this, particularly if it is in the best interest of the child The law in relation to child consent is unclear and requires changes in order to clarify what is perceived as the child's best interest.

Recupero and Samara E. American Journal of Psychotherapy , 59 4 , , Excerpt: "Although e-therapy has numerous proponents, no clinical trials have assessed its long-term effectiveness. To limit liability and to protect patients, e-therapy providers should disclose material risks as well as possible benefits and engage patients in an active dialogue. A thorough informed consent procedure enables patients to make an educated decision about whether e-therapy is right for them. In the future, e-therapy and informed consent online may become more common; in the mean time, clinicians must be prepared for e-therapy's uncertain legal status and allow patients to decide for themselves whether or not to seek counseling on the Internet.

Military Medicine , July, , vol , 7, pages Excerpt: "Although opinions favoring the duties implied by informed consent are in the majority, these do not always reflect the behaviors in daily clinical practice Edmonton, Alberta: University of Alberta Press, Excerpt: "All other things being equal, the right to make decisions about whether or not to receive psychological services, and the nature of those services, belongs to the client. This conclusion finds support not only in psychologists' ethical values, particularly the social contract between a profession and society Informed consent is the most represented value in the Canadian Code of Ethics for Psychologists British Medical Journal , vol.

Excerpt: "Too often 'consenting' a patient is reduced to the mechanistic imparting of information from clinician to patient or, worse still, the mere signing of a consent form, rather than the two way, meaningful conversation between clinician and patient it should be. If we can change this mindset and view obtaining consent as an ethical duty first and foremost, one that is central to respecting the autonomy and dignity of patients, then we will have taken a major step towards first class consent and uninterrupted lunches.

Viens Eds. New York: Cambridge University Press, Excerpt: "Obtaining consent is not a discrete event; rather, it is a process that should occur throughout the relationship between clinician and patient. Canadian Journal of Counselling , , vol. Excerpt: This study of school counsellors' views "identified five categories of issues and concerns related to confidentiality and informed consent: informing students on issues of confidentiality, age of consent, issues of professional confidentiality, sharing client information with others, and confidentiality with teachers and principals.

Journal of Medical Ethics , vol 39, 4, Excerpt: "Routinisation of informed consent poses a threat to the protection of the personal autonomy of a patient through the negotiation of informed consent. Journal of the American Medical Association , vol. Excerpt: "There is evidence that current efforts to inform patients are inadequate.

In a review of informed consent documents from randomly selected US hospitals, the documents were shown to have limited educational value Excerpt: "The legal doctrine of informed consent is consistent with the provision of good clinical care. Informed consent allows patients to become partners in treatment determinations that accord with their own needs and values. In the past, physicians operated under the medical principle of primum non nocere - 'first do no harm. Most psychiatrists find increased patient autonomy desirable in fostering development of the therapeutic alliance that is so essential to treatment.

Professional Psychology: Research and Practice , April , vol.

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Excerpt: "The importance of informed consent is probably vastly underestimated by many psychologists, and I suspect that some may tend to view it more cynically as an initial onetime legal hurdle for psychotherapy and research activities. There also appears to be an overemphasis on content issues i.


Excerpt: "Ethics codes emphasize informed-consent requirements. For example, the state of Colorado requires psychologists to present certain written information to their clients, including therapist credentials, client rights, and the State Grievance Board address Handelsman, Supervisors must be familiar with state regulations. Professional Psychology: Research and Practice , , vol.

Excerpt: "With an understanding of what makes a form readable, psychologists may revise their NPPs to include more concise sentences and fewer polysyllabic words. In this way they avoid risking an ethical violation, reduce their liability, and improve their informed consent process, which Handelsman suggested, can lead to better treatment outcomes. There is a misunderstanding that the federal government requires certain boilerplate language that is mandated for inclusion in these forms.

However, what is mandated is that certain concepts be included, but the language is not specifically stated, other than that the forms should be written 'in plain English. New York: Oxford University Press, Excerpt: "Written consent of the parents and of the retaining attorney should be obtained before contacting teachers to gather information about the child's functioning.

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  • Teachers and other collateral informants deserve to know, before they fill out a questionnaire or cooperate with an interview about their student, that they information they provide may be used by the court or attorneys. Even though this knowledge may affect what the teacher says, it is unethical to imply to the teacher that the information gathered will remain confidential, when, in fact, it will not. New England Journal of Medicine , November, , vol.

    Excerpt: "Legal standards for decision-making capacity for consent to treatment vary somewhat across jurisdictions, but generally they embody the abilities to communicate a choice, to understand the relevant information, to appreciate the The level of impairment that renders a patient incompetent to make treatment decisions should ideally reflect a societal judgment about the appropriate balance between respecting the patient's autonomy and protecting the patient from the consequences of a bad decision. In that regard, the presumption intrinsic to a modern democracy is that the vast majority of persons are capable of making their own decisions.

    Hence, only patients with impairment that places them at the very bottom of the performance curve should be considered to be incompetent.

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    In practice, the stringency of the test applied varies directly with the seriousness of the likely consequences of patients' decisions. Excerpt: "Psychologists should also consider and understand the potential impact of diversity on this process, such as the role that language, age and developmental level , cultural background, and other factors may play in affecting the informed-consent process. Clinical work with individuals, couples, families, and groups each presents unique challenges with regard to informed consent, as do third-party requests for services, clinical supervision, research, and teaching.