Austin, TX asked in Civil Rights and Health Care Law for Tennessee

Q: Is it a human rights violation if a tenn dcs worker tells a child she has no say in the matter of getting a depo shot?

Depo shot is a form of birth control

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: In Tennessee, the rights of minors in the context of medical decisions, including birth control like the Depo shot, can be complex. Generally, minors have certain rights to privacy and consent regarding medical treatment, but these rights can vary depending on the circumstances, such as the minor's age, the type of medical treatment, and whether the minor is in state custody.

If a Department of Children's Services (DCS) worker tells a child that she has no say in receiving a birth control injection, this could raise concerns regarding the minor's rights. The right to bodily autonomy is a fundamental aspect of human rights, and forcing medical treatment, including birth control, without consent can be a violation of these rights.

However, the authority of DCS workers and the rights of minors in state custody might involve specific legal considerations. In some cases, state agencies might have the legal authority to make certain medical decisions for children in their care, but this typically involves oversight and specific criteria.

If you are facing this situation, it's important to seek legal advice. A lawyer with expertise in family law and the rights of minors can provide guidance on the legal standards and protections in place for minors regarding medical decisions in Tennessee.

Remember, each case is unique, and the application of the law can depend on various factors. Legal counsel can help ensure that the child's rights and best interests are being upheld.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.