When considering counseling for a 12-year-old boy who has been threatening suicide, what is the legal requirement for consent?

• A. Get consent from both biological parents before seeing the boy
• B. Get consent from the parent or parents who have legal custody before seeing the boy
• C. See the boy and have him consent to his own treatment
• D. See the boy with the stepmother's consent only since it is an emergency

Answer: (B)

The legal requirement for consent when counseling a minor, such as a 12-year-old boy, typically involves obtaining consent from the parent or parents who have legal custody of the child. This is crucial because legal custody determines who has the authority to make decisions regarding the child's healthcare and treatment, including mental health services.

In many jurisdictions, while minors can express their own preferences regarding treatment to some extent, the law generally requires a parent or legal guardian to provide consent before treatment can commence. This is especially critical in situations involving high-risk factors such as suicidal ideation, where professional oversight and legal compliance are essential.

Furthermore, simply needing consent from both biological parents may not always be feasible, as those parents may not have joint custody. Likewise, while seeking consent from just one parent, such as a stepmother, might be applicable in some contexts, it could fall short of the legal requirements if that individual does not have the legal authority to make healthcare decisions for the minor.

This highlights the importance of understanding and adhering to the specific legal requirements regarding consent, particularly in sensitive cases involving minors in crisis.