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What makes a child a 'competent' child?

Amanda van Rooyen1, Tineke Water, Shayne Rasmussen

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Child competence is dynamic, not age-dependent, influencing healthcare decisions. Assessing competency in New Zealand children requires considering individual factors and navigating complex legal interpretations for informed consent.

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Area of Science:

  • Medical Ethics
  • Child Health Law
  • Pediatric Psychology

Background:

  • Child competence is crucial for informed consent in healthcare.
  • A child's perceived competence affects their participation in health decisions.
  • Healthcare professionals are responsible for assessing child competence.

Purpose of the Study:

  • To explore the definition and assessment of 'competency' in children under 16.
  • To examine the dynamic nature of child competence beyond age.
  • To address the complexities in New Zealand legislation regarding child consent to healthcare.

Main Methods:

  • Literature review of New Zealand health legislation and policy.
  • Analysis of the Health and Disability Commissioner's statements on child consent.
  • Discussion of factors influencing child competence.

Main Results:

  • Child competence is a dynamic attribute influenced by experiences, attributes, relationships, and context, not solely age.
  • No single validated tool exists for assessing competence in New Zealand children.
  • Interpretations of New Zealand law (Care of Children Act 2004, Code of Health and Disability Services Consumers' Rights 1996) regarding child consent are unclear.

Conclusions:

  • Defining and deciding child competency is complex and requires a nuanced approach.
  • Further clarification of legal frameworks is needed to support healthcare professionals in assessing child competence.
  • Individualized assessment considering developmental, contextual, and legal factors is essential for ethical healthcare practice involving children.