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This is scary: Pa. Supreme Court: Minors May Be Involuntarily Committed for Drug, Alcohol Addiction

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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-10 03:19 PM
Original message
This is scary: Pa. Supreme Court: Minors May Be Involuntarily Committed for Drug, Alcohol Addiction
The Pennsylvania Supreme Court has upheld the constitutionality of an act that allows for parents and guardians to have minors involuntarily committed for drug and alcohol treatment.

Writing that prior case law established the presumption that parents act in the best interest of their children, the court, by way of a 6-1 majority, ruled that parents' rights to make decisions on the care of their children are "paramount" to the constitutional rights of their children.

That, along with the decision that the therapeutic nature of drug and alcohol treatment altered the bar for due process claims, helped lead the court to its ruling.

-more-

http://www.law.com/jsp/article.jsp?id=1202471360179&src=EMC-Email&et=editorial&bu=Law.com&pt=Law.com%20Newswire%20Update&cn=LAWCOM_NewswireUpdate_20100831&kw=Pa.%20Supreme%20Court%3A%20Minors%20May%20Be%20Involuntarily%20Committed%20for%20Drug%2C%20Alcohol%20Addiction


Like all well-meaning laws for the safety of "minors", this can be abused for the sake of control and/or malice toward the child. Just the fact that a "child" can't be represented by counsel and make an appeal to the trial court worries me. Even parental notification (for minors seeking abortions) can apply to the Court.
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-10 03:23 PM
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1. Another day, another horror
Land of the free, my ass!
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-31-10 04:48 PM
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2. Yeah, it could be abused; or used appropriately for individual and public health reasons.
As the court said, the law presumes that parents act in the best interests of the child -- it cannot ensure it.

but malice toward the child -- my ass!
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