It seems like every family has them–a treasure trove of embarrassing childhood photos. But what happens when those family photos leave the albums, household frames, or boxes, and make it on to social media? One 18-year-old woman from Austria is upset that her parents have posted a number of embarrassing photos from her childhood on Facebook, and is now suing them over those postings.

The 18-year-old, whose name isn’t being made public right now, claims that her parents have posted over 500 images of her as a child over the last seven years. Those include photos of her doing things like being potty-trained, bathing, and other normal childhood activities. But, she claims that the constant exposure of her photos have “made her life a misery.” The photos are viewable by her parents’ combined 700+ Facebook friends.

The woman told local press:

They knew no shame and no limit–and didn’t care whether it was a picture of me sitting on the toilet or lying naked in my cot–every stage was photographed and then made public.

Her father claims that he owns the copyright to the photos, but she argues that because the photos are of her she has the right to privacy. According to Fusion writer Charles Pulliam-Moore:

The family has a court date set for this November and if a judge rules in the girl’s favor, her parents could be forced to pay their daughter for damages as well as cover the cost of her legal fees. In addition to paying out monetary restitution, the court’s decision could set a precedent for similar legal complaints submitted by children against their parents.

There are plenty of concerns that parents should take into account when posting photos of their children online–such as those photos falling into the wrong hands–but being sued by their children probably wasn’t a previously well known one. While this case is being played out in an Austrian court, it raises important questions about who owns a photo and what decisions parents should be able to make about their children’s digital footprints.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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A new bill moving through the legislature in Mississippi would require teachers in certain school districts to not only grade their students, but the parents of the students as well. House Bill 4, more formally known as “Parent Involvement and Accountability Act,” just passed the Mississippi House and the bill is now heading to the state Senate for consideration.

If the bill becomes law, it would add another section to students’ report cards that measures parental involvement in their children’s education. It would only apply to teachers and parents in school districts that have been rated as a “C” or lower by the Mississippi Department of Education–as of right now 88 of the 151 school districts in Mississippi fall below this marker. The teachers would rate the parents’ involvement as “satisfactory,” “needs improvement” or “unsatisfactory.” How the teachers decide what grade to give the parents will be based on a number of factors–as Alex Holloway of The Dispatch sums up, it would measure:

Parental response to requests for conferences or communication, the student’s completion of homework and preparation for tests, the frequency of the student’s absence and tardiness, and the student’s overall grade per a nine-week assessment

There are of course, both critics and supporters of the bill. Those who support it say that in schools that are successful (both in Mississippi and in other states) there’s a high level of parental involvement. The bill would increase communication between parents and teachers to help up that level of involvement, and ensure that parents are working to prepare their children as best they can.

Critics claim that it’s not about parents “trying harder” it’s about cyclical poverty, and that placing additional pressure on the parents won’t necessarily help. Some critics also worry it will lead to strange social dynamics as students compare their parents’ grades, or read too much into what grade their parents received.

The bill doesn’t just add a provision about grading parents to the Mississippi education system. According to MississippiWatchdog.org it also will:

Assign each child mandatory homework; require all children be taught proper manuscript and cursive handwriting; require all children to have a daily reading and a separate writing assignment; require all children to read at least one book per month and write a book report on it; mandate participation for parents in at least one supportive function for the school, such as assisting at the bus stop, working a concession stand at an athletic event or serving in the Parent Teacher Association; establish dress codes for teachers; mandate school uniforms; initiate two parent-teacher conferences per nine-week term for students not performing up to grade level requirements at mid-term.

Mississippi’s public education system has not ranked well when compared to other states–for example, Education Week ranked Mississippi 51st in the nation last year (below the other 49 states and the District of Columbia). While it’s unclear whether or not House Bill 4 will pass, Mississippi is trying to take some steps to remedy that issue–it’s just unclear right now if these are the right steps.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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On Tuesday, Netflix announced an upgrade to its parental leave policy that will allow employees to take unlimited maternity and paternity leave during the first year of their child’s life or after an adoption.

During that first year, Netflix employees will be able to take off for however long they feel they need to. They can return on a full or part time basis, and even take subsequent time off later in the year if needed. Netflix has decide that this will be a paid leave, to avoid the hassle of having to switch to disability leave.

Tawni Cranz, Netflix’s Chief Talent Officer, in a statement, said:

We want employees to have the flexibility and confidence to balance the needs of their growing families without worrying about work or finances.

This new policy, combined with our unlimited time off, allows employees to be supported during the changes in their lives and return to work more focused and dedicated.

The company already offers an unlimited time off policy.”Experience shows people perform better at work when they’re not worrying about home,” said Cranz. 

This policy exceeds typical leave at corporations in the United States, where there are very few federal policies aimed at working parents. The Family and Medical Leave Act of 1993 provides employees at companies of  a certain size 12 weeks of unpaid leave. Because the Act only requires companies to provide employees with protected unpaid leave, many companies do not provide paid leave. In the past year, Netflix has made a number of changes that have benefited both their customers and employees. Cranz said in a blog post on the company’s website:

Netflix’s continued success hinges on us competing for and keeping the most talented individuals in their field.

Tech companies in the Silicon Valley and San Francisco, however, have often been among the most progressive when it comes to paid family leave. Twitter offers up to twenty weeks of paid maternity and ten weeks of paid paternity leave. Facebook offers four months of paid leave for both mothers and fathers, as well as $4,000 for each newborn and adopted child. It also subsidizes daycare and programs for adoption, egg freezing, or surrogate parenting and sperm donation programs. Google extended its paid maternity leave to 18 weeks from 12 weeks in 2007. After the extension, the company found that returning mothers left Google at half the rate they previously had, said Roya Soleimani, a company spokeswoman. New parents, regardless of gender, “who plan to take an equal or primary role in their child’s care during the first year can receive up to 12 weeks of paid baby bonding time, including adoptive/surrogate caregivers,” she said.

Netflix’s unlimited parental leave is the latest perk created for employees of big name tech companies as they push to attract the best talent. Among some of the perks enjoyed by employees include free meals, massages, and laundry services. The day Netflix made its announcement, the company’s shares rose to a new high, at $122.79. It seems Americans recognize the need for smart policies to attract the top talent. 

Angel Idowu

Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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In most cases, the law grants people autonomy over their own bodies, including a constitutional right to consent to or refuse medical treatment; however, for teenagers, that right is curbed by their parents, who have the right to control medical procedures in most cases until that child turns eighteen. There has been a lot of news lately where teens are fighting back against their parents over medical treatments, procedures, and even appointments. Read on to learn more about this issue, including mental health, substance abuse, and physical problems.

Parent – Child Medical Care

Traditionally when a teenager, child, or infant goes for medical treatment, including routine check-ups, parents are welcome in the room. Many doctors’ offices allow the parent in, while some do so only if the child says the parent can come in. This is especially true in more sensitive appointments. In most cases, a child’s parents or guardians are the ones who know the most about the child.

According to the University of Washington School of Medicine:

Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child. Decisions that are clearly not in a child’s best interest can and should be challenged.

The concern that a parent could make a decision that isn’t in their child’s best interest has led to some cases where children and teenagers start to fight back against their parents when it comes to medical care.

What are age of consent laws?

Doctors of all kinds, from dentists to ophthalmologists, have grappled for years with age of consent when it comes to mature adolescents. In a 2013 Pediatrics article, the authors stated:

It is well understood in the medical community that adolescents’ aptitude to make rational, responsible decisions changes over time and that older teenagers and young adults have substantially similar cognitive capacities.

According to Doctor Will See You Now, this question of maturity, and the automatic assumption of parent’s rights, endures as the general background rule that will apply in the majority of court cases regarding treatment of teens. The site points out that most frequently, parents are “free to sort among alternatives and elect the course of treatment based on his or her assessment of the child’s best interests.” This rule applies to any patient below the age of majority, 18 in most states, although in a small number of states, such as Delaware (19), Mississippi (21), and Nebraska (19),  it is higher. In Arkansas, Nevada, Ohio, Utah, and Wisconsin the age of majority varies due to high school graduation dates. Some health insurance plans also have rules associated with their policies.

Those who are evaluated to have a maturity over their physical age, however, have been deemed “mature minors” in some court cases. That concept, as psychologically valid as it is, is cloudier when it comes to state laws, which vary widely in their “mature minor” stances, including the ages at which one becomes a “mature minor.” SeverFew U.S. courts have already defined the term, and a few more will be tasked to evaluate it in coming months. Seventeen states do have some form of concession to the standard parental consent requirement, ranging from written exceptions from psychologists to emancipation rights. Most often, the exceptions are requested by minors seeking an abortion without parental consent or knowledge.

These rules have become increasingly open to exceptions aiming to protect minors’ privacy and bodily integrity, safeguard the public health, and respect older minors’ adult-like autonomy and decision making ability.

Sensitive Categories of Treatment: Exceptions to the Rule

All states have some exceptions to parental consent when it comes to medical care for minors. It can become public health issue if young people are scared to get medical treatment because they have to tell their parents about them. These include procedures like testing for STDs–something that all 50 states and D.C. allow minors to do without having parental permission.

In many states, but not all, minors can also give their personal consent without their parents’ input regarding reproductive health services, with regard to contraceptive services and prenatal care, as well as drug and alcohol abuse treatment and outpatient mental health services. However, there usually is a minimum age for this kind of care without parental consent–usually early teens. These laws also don’t preclude parents from being able to require them to submit to treatment.

Abortion

One specific area of concern when it comes to minor medical care is abortion. Most states require parental consent for a minor to receive an abortion, although Supreme Court precedent allows a pregnant minor to receive an abortion under certain circumstances, such as “if she is sufficiently mature or if it would be in her best interests mentally and physically.” “Tests of maturity can include questions about good grades or extracurricular activities, as well as other less-defined queries that would allow judges to see a young person’s thinking process and understanding of the procedure,” said Doriane Coleman, a law professor at Duke University. The law is pretty inconsistent state-by-state, however, in some states, another relative could be allowed to be present at the abortion, in others a young woman could go to court to fight for her right to have the medical procedure.

Substance Abuse

When it comes to substance abuse, some states allow minors to consent to treatment. However, the laws usually also require that minors have to receive treatment if their parents consent to it on their behalf. Allowing minors the option to consent is is an attempt to make sure the treatment sticks–after all, a person who consents to treatment or requests treatment is more likely to follow through and at least stay in the program until the end.

According to the Doctor Will See You Now:

For doctors, the issue is that even if a minor is empowered by state law to give consent, they still need to ensure that the minor is intellectually and emotionally capable of giving informed consent. Thus, even if there is no age limit under state law or the age limit is very low, at times doctors may find it is inappropriate to allow a minor to consent to his own care if he is too immature or otherwise incapable of understanding the procedure’s risks, benefits and alternatives.

Payment, Confidentiality, and HIPAA

Additionally, the Doctor Will See you Now points out:

The fact that some minors can consent to their own health care and treatments in certain areas does not always mean that they actually have a right to confidentiality with respect to that care. Under the Health Insurance Portability and Accountability Act (HIPAA), practitioners are basically required to follow state law regarding confidentiality for minors, and they are given discretion over parental notification when state law is silent on the issue. Most parents will find out eventually, whether it is from HIPAA or the patient’s own volition.

Particular federally funded programs also have certain confidentiality laws. For example, services subsidized by Title X, the federal family planning funding program, have to be provided confidentially, per federal law.

Case Study: Cassandra C.

The Connecticut Supreme Court ruled recently that the state was well within its rights to require a young woman named Cassandra C. to continue undergoing chemotherapy treatments even though it wasn’t what she wanted. Her mother wanted her to do whatever she thought was best.

Because of the nature of the case, and concerns about Cassandra’s wellbeing, the case has been featured in the national news. Unfortunately, Cassandra spent every day in isolation from other patients and was under constant supervision. “She hasn’t been convicted of a crime, but it’s kind of like she’s in jail,” said Joshua Michtom, an assistant public defender and Cassandra’s lawyer. “It’s an especially lousy way to go through chemo.”

Court Orders

There are very rare situations in which the court becomes involved, because parents aren’t acting in the best interests of their children. In addition, there are cases like those outlined in the novel My Sister’s Keeper, where parents seek to have a minor child donate an organ to a sibling, or to undergo any other significantly invasive medical procedure for the benefit of another child.

Conclusion

Medical decision making by and on behalf of children and teens is a subject that is ethically, mentally, physically, and legally complex. State laws vary considerably, and they often have vague standards and language. Children should generally be involved in medical decision making to the extent of their abilities. It is not only a teaching moment, but it is also a way to create autonomy. In the case of a conflict between a minor’s wishes and a parent’s wishes, however, everyone needs to proceed with caution, especially in life or death cases. As such, it is usually wise for them to seek the advice of legal counsel and, in some cases, to proceed to court for a judicial order authorizing the proposed course of treatment.

Resources

Primary

District Court of Appeal of Florida, First District: DEPT. OF HEALTH v. STRAIGHT, INC.

Eastern District Court of Pennsylvania: Parents United for Better Schools v School District of Philadelphia

Additional

The Doctor Will See You Now: Doctor-Patient Confidentiality: How Do We Define It and When Should We Waive It?

Journal of Health Care Law and Policies: Medical Decision Making by and on Behalf of Adolescents

Journal of Pediatric Psychology: Involving Children and Adolescents in Medical Decision Making: Developmental and Clinical Considerations

Guttmacher Institute: Minors and the Right to Consent to Health Care

Philly: Should Teens Get to Say “No” to Life-Saving Medical Treatment?

Pediatrics: The Legal Authority of Mature Minors to Consent to General Medical Treatment

Editor’s Note: This article has been edited to credit select information to the Doctor Will See you Now, and some portions have been edited for clarity. 

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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It seems like every summer a parent leaves their child in a smoldering car to die. Obviously none of these parents left their child strapped into the car seat on purpose, but it makes you wonder what is going through their minds. Now I am not a parent, and I do forget things pretty often, but one would think that if the little person that you gave life to is just inches away, you would remember that you have a responsibility to take them out of the car. Sadly, child hot car deaths are something that we’ve become accustomed to.

In 2014 so far there have been at least 18 heatstroke deaths as a result of children being left in vehicles. Just last Thursday Police in Wichita, Kansas found a 10-month-old girl unresponsive after she had been in her car seat for more than two hours after her foster parents forgot to take her inside the house. In 2013 there were 44 confirmed heatstroke deaths, and from 1998 until now there have been a total of 624, making an average of 38 child heatstroke deaths a year according to Golden Gate Weather.

Those are really sad statistics. RIP to every single one of them.

Alissa Chavez is a 17 year old from Albuquerque, New Mexico and she has designed a device called “Hot Seat” that alerts parents when it detects that a child has been left in its car seat. She is currently raising money to build a prototype. For the device to work, a parent will have to place a sensor pad on the child’s car seat. The pad will have a sensor that communicates with the key fob, which will sound three alarms (the fob, a phone app, and the vehicle alarm) if it senses that a child is still in the seat once the parent and key fob are a certain distance away from the car.

Brillant Idea, Alissa

While Alissa’s idea is a splendid one, I can’t help but think, why? Why is a device like this even needed? Have we become so distracted that we can’t even care for our children? Is technology the one to blame? Or are we too consumed by our own personal problems? Or are babies just too quiet nowadays?  It’s sad that a device like this is now needed in our society, we need to take a deep look within ourselves and ask what kind of people we really are. And it’s looking like we are just forgetful people. Transportation Secretary Anthony Foxx said, “We encourage you to put something in the backseat to remind yourself that you have a child in the back, it could be a purse, it could be a phone, anything that will work for you.”

What could be a better reminder of your child being in the car than your actual child? Why are we more likely to check if we forgot our phone or our purse than our children? What does this say about us as a society? The piece of advice Foxx offered should have been to accept the responsibility of being a parent and remember to take your child out of the car; simple as that. As a society though we’ve come to accept that these things just happen, chalking it up to human error I guess. As Gene Weingarten explained it, any parent can fall victim to negligence.

“The wealthy do, it turns out. And the poor, and the middle class. Parents of all ages and ethnicities do it. Mothers are just as likely to do it as fathers. It happens to the chronically absent-minded and to the fanatically organized, to the college-educated and to the marginally literate. In the last 10 years, it has happened to a dentist. A postal clerk. A social worker. A police officer. An accountant. A soldier. A paralegal. An electrician. A Protestant clergyman. A rabbinical student. A nurse. A construction worker. An assistant principal. It happened to a mental health counselor, a college professor and a pizza chef. It happened to a pediatrician. It happened to a rocket scientist.”

Interesting…

Well put Mr. Weingarten, but if the parents aren’t to blame, then who the hell is? Yes, the parents who forget their children made terrible, terrible mistakes, and they have to wake up and live with the guilt of having murdered their child every single day; and while that is punishment enough, I still think that they deserve all of the blame.

When you bring a life into this world, you take on a whole other world of responsibility. When you bring a life into this world you can’t afford to slip up or forget. When you bring a life into this world, you should be 100 percent about where your kid is from the day they leave the womb until their 18th birthday. When you bring a life into this world, it is your duty to be on your A-game every single day, week, and month of the year. There is no such thing as a break when you bring a life into this world. There are no “re-dos” or “oopsies.” This is not a phone or a laptop or a purse, this is a life, and when you bring a life into this world, it deserves a whole lot more than to be forgotten in the backseat of a car.

—

Trevor Smith

Featured image courtesy of [Erik Bishoff]

Trevor Smith

Trevor Smith is a homegrown DMVer studying Journalism and Graphic Design at American University. Upon graduating he has hopes to work for the US State Department so that he can travel, learn, and make money at the same time. Contact Trevor at staff@LawStreetMedia.com.

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