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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