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By Robert W. Blum (Eds.)

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Extra resources for Adolescent Health Care. Clinical Issues

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As a result of the Gault decision, minors gained entitlement to due process guarantees that in­ cluded (a) notice of charges to both parent and child sufficient to afford reasonable opportunity to prepare a defense; (b) right to counsel and, if the child is indigent, provision for the appointment of counsel; (c) privilege against self-incrimination; and (d) right to confrontation and cross-examina­ tion of witness. The Gault decision established a clear legal prec­ edent that acknowledged minimum procedural guarantees for minors.

The court held that the Four­ teenth Amendment's due process clause does not require such a procedure. " An analysis of the Parham decision notes con­ tinued attempts of the court, as is shown in most of its decisions related to the medical treatment of minors, to protect the interests of the child while asserting the historical notion of the positive in­ tent of "most" parents and the state when acting on their behalf. The key to Parham and other deci­ sions is the willingness of the court to accept a lower standard of safeguard concerning the rights of minors than it does concerning the rights of adults.

1977). S. 678. Hoffman, A. (1967). / of Adolesc Health Care. p. 12. In Re: Gault (1967). S. 61, 1, 13. J. L. v. Parham. (1976). 412 F. Supp. D. ). Minnesota Statute. (1971). Department of Health, Chap­ ter 544, Sec. 347. Parham v. J. R. (1979). 99 S. Ct. 2493. Planned Parenthood v. Danforth. (1966). S. 52. Rowe v. Wade. (1973). S. 113. Snyder v. Massachusetts. (1934). S. 97, 105. Spaulding, W. J. (1979). University of Richmond Law Review 13, 695-741. Wald, P. (1978). A speech presented at the University of Minnesota School of Public Health.

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