Informational Privacy in the Modern Era: Expanding Constitutional Protections to the Mental Health Care of Minors

Date

2017

Journal Title

Journal ISSN

Volume Title

Publisher

Michigan State University

Abstract

Mental health care is particularly relevant in today’s climate. Suicide is the third leading cause of death for ten- to fourteen-year olds and the second leading cause of death for fifteen to thirty-four-year-olds,” and it is estimated that over 90% of teens that commit suicide suffer from mental health issues. After experiencing a decline in the 80’s and 90’s, suicide rates have recently skyrocketed. A 2013 poll of students in grades nine through twelve revealed the following: (1) 17% of students “seriously considered attempting suicide” (2) 13.6% of students planned an attempt at suicide, (3) and 8 % of students actually attempted suicide. This dramatic and troubling trend can be attributed, at least in part, to the stigma surrounding mental health issues. Teens are afraid of the social backlash from seeking mental health care and thus opt to avoid treatment altogether for fear that, if they do, they will have no right to keep that care private. Therefore, there is a pressing need to afford the mental health records of minors unique treatment—the full privacy protections available under the Constitution—under which infringements are subject to the highest level of judicial scrutiny and minors are placed on equal constitutional footing as their adult counterparts. Part I of this Note discusses the history of Constitutional interpretation as applied to the right to privacy, and, whether the right extends to informational privacy. This Part further explores the standards applied by courts tasked with reviewing cases involving such rights. Part II details the history and evolution of the Constitutional rights afforded to minors, the limitations placed thereon, and the levels of scrutiny applied by courts in making such determinations. Part III details the current modes employed by courts facing questions regarding the informational privacy rights of minors and what levels of scrutiny are currently being utilized. Finally, Part IV argues for the application of heightened scrutiny to any law infringing on a minor’s right to informational privacy in the context of health care information. (Author Text)

Description

Keywords

child abuse, child protection, adolescents, juveniles, teens, jurisprudence, legal opinion

Citation

Mayhew, Z. (2017). Informational Privacy in the Modern Era: Expanding Constitutional Protections to the Mental Health Care of Minors. Michigan State University College of Law Student Scholarship.

DOI