Washington Law Review
"Who Are You to Say What My Best Interest Is?" Minor's Due Process Rights When Admitted by Parents for Inpatient Mental Health Treatment
In State ex rel. T.B. v. CPC Fairfax Hospital, the Washington Supreme Court determined that minors who refuse to consent to inpatient mental health treatment, but are admitted by their parents nonetheless, have a statutory right to a prompt judicial review of the admission decision. This Comment argues that confining mature minors in mental hospitals against their will is a deprivation of both liberty and privacy interests and, as such, stringent due process protections are required, not only by Washington's current statutory scheme, but also by the U.S. and Washington Constitutions. It concludes by stating that the current statutory scheme meets the standards of both the substantive and procedural requirements of constitutional due process but that any statutory amendments that lower these standards are likely to fail to pass constitutional muster.
Notes and Comments,
"Who Are You to Say What My Best Interest Is?" Minor's Due Process Rights When Admitted by Parents for Inpatient Mental Health Treatment,
71 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol71/iss4/11