Forced Medication
There have been cases where school officials told parents they must give psychotropic drugs to a child in their care. Some parents have even been threatened that they would be reported for child abuse or have their child kicked out of school if they do not drug their child.
Has this happened to you or someone you know? This may be a violation of Louisiana law.
The law has some restrictions on teachers. They are prohibited from:
- Recommending that a student be administered a pyschotropic drug.
- Specifying or identifying any specific mental health diagnosis for a student.
- Using a parent’s or guardian’s refusal to consent to the administration of a psychotropic drug to a student or to a psychiatric evaluation, screening, or examination of a student as grounds for prohibiting the student from attending any class or participating in any school-related activity or as the sole basis of accusations of child abuse or neglect against the parent or guardian.
What does this mean for parents and guardians in Louisiana?
You should consult an attorney to be certain. We believe it means that Louisiana parents may refuse to consent to:
- Psychotropic medication for their child
- Psychiatric evaluation, screening, or examination of their child
And that your refusal itself does not allow a teacher to:
- Prohibit your child from attending class
- Prohibit your child from any school-related activity
- Accuse you of child abuse or neglect
Important Note
Even though a teacher may not take the actions above, the law allows teachers and other school officials to suggest evaluation by “an appropriate medical practitioner.”
Warning – Consent by Children
Louisiana law may allow a child to consent to psychotropic drugs or even electroshock treatment on his or her own:
Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician… by a minor who is or believes himself to be afflicted with an illness or disease, shall be valid and binding as if the minor had achieved his majority.
~ Louisiana Revised Statutes § 40:1079.1
The law further says that once consent is given, it cannot be denied on the basis of the child being a minor. Could a child be talked into giving consent?
Our Advice
Know your children. Help them understand the dangers of psychotropic drugs and treatment so they will not fall victim. Have them come to you if anyone tries to evaluate their mental health or talk to them about drugs or medication.
Use our Parental Consent Form to warn school officials ahead of time that you do not want your child given medication or screenings without your consent.
If you or your child have experienced forced evaluation, drugging or treatment, please consult an attorney and then contact us.