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Part IV
Advanced Applications of Theory to Family Law Practice
More than a decade later, the indeterminate status of the “mature minor”
remains a central controversy in both the psychological literature and
in family law. It bears on questions of consent in research and medical
treatment as examined in the empirical literature (English & Sales,
2005; Grisso & Vierling, 1978; Hickey, 2007; Marques-Lopez, 2006;
Nelson, 2005
8
; Pliner & Yates, 1992)
9
and as argued in the courts (e.g.,
Hodgson v. Minnesota
, 1990;
Ohio v. Akron Center
, 1990). It arises with
regard to the adjudication of minors as adults in criminal matters
(Cauffman & Steinberg, 2000a, 2000b; Grisso, 1997; Steinberg & Scott,
2003)
10
and time and again with regard to abortion (Needle & Walker,
2008; Quinton, Major, & Richards, 2001).
Although the vast and provocative controversy regarding abortion
among minors is well beyond the scope of this discussion, state-specific
statutes and case law with regard to determination of “mature minor”
status in this context is not only relevant, but instructive. Probably the
most clearly defined authority was established in 2001 under Alabama
law (§ 22-8-4), which states that “any minor who is age 14 or older,
or has graduated from high school, or is married, or having been married
is divorced or is pregnant may give effective consent to any legally
authorized medical, dental, health or mental health services, and the
consent of no other person shall be necessary.” Nevertheless, an Ala-
bama trial court ruled in 2005 that a 17-year-old required her parents’
consent to obtain an abortion,
11
stating that,
…
the minor was not sufficiently mature because
…
a mature minor would
not have engaged in sexual activities if she wanted to keep her [college]
scholarship or continue to be supported financially by her parents [an-
d]
…
she has not had any work experience [and]
…
because she had not
made any “serious decisions” in her life [and]
…
because she chose to
engage in sexual intercourse in spite of seeing her friends who have become
pregnant out of wedlock encounter hardships [and]
…
because she could
wait several weeks and have an abortion without the necessity of a judicial
bypass and without burdening this particular trial judge’s conscience with
granting a waiver of parental consent.
Upon appeal, the Alabama Court of Appeals ruled that:
In direct contrast to the indicia of maturity the trial court relied on, the
courts of this state have found academic performance, participation in
extracurricular activities, plans for the future (including college), and
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