Determine if they can decide—Rethinking adolescent decision-making ability in the trial and medical context

Abstract

Adolescence is a time of rapid change—physical appearance, behaviors, intellectual interests, and social choices. Often, however, it is branded as a time of bad choices and regrets. Neuroscience explains that these changes and behaviors (both positive and seemingly negative) are due to rapid and asynchronous changes in the brain, that drive all choices made by adolescents. Two areas of adolescent decision-making are addressed in this paper—the choice to seek gender affirming care (GAC) and trial decision-making when an adolescent is tried as an adult. For the choice to seek gender affirming care, the paper proposes a system for assessing the adolescent's decision-making ability, instead of a total ban on access to GAC, and for trial decisions, the paper proposes a system of mandatory trial competence assessment of all adolescents who are being tried as adults. For both sections, the paper uses the current Indiana statutes.