Legal Question in Family Law in Montana

child neglect??

Our daughter (step-daughter) is on concerta because she is ''adhd''...we do not agree with this. She is with us for 6 weeks and we did not give it to her for the last 2 weeks because it makes her a zombi! Her mother states that is child neglect and is coming to get her tomorrow....can she legally do that??


Asked on 8/02/06, 7:52 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: child neglect??

My guess is yes, Mother can do that. My guess is that Mother did not obtain a prescription for

Concerta without taking the child to medical professionals for a diagnosis, either a psychologist and then a physician for the prescription or to a psychiatrist who can also prescribe the Concerta. People on certain medications often require weeks or months of close monitoring to determine the optimal dosage. You improperly interfered with the child�s medications. Your interference might have caused not only a problem with the child�s behavior, but also with the dosage. Your interference might require that Mother and the child go through that monitoring phase again.

Just because you don�t agree with the diagnosis and medication is not sufficient to neglect to give the child her prescribed medication. It�s not about you or how you feel about the medication. The child�s medication is about the child. Better ways exist for you to voice your objection. You put your wants before the child�s need. Yes, I would consider intentionally failing to give a child prescribed medication is neglect. Having proven your lack of commitment to care for the child�s medical needs, I would say yes, Mother can come retrieve the child.

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Answered on 8/03/06, 12:25 pm


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