Law and Ethics Practice Exam

In the dependency system, who typically determines a minor's consent capacity?

1. The biological parents

2. The court or legal guardians

3. The minor themselves

4. The foster parents

The correct answer is: The court or legal guardians

In the dependency system, the capacity of a minor to give consent is typically determined by the court or legal guardians. This is because the legal framework surrounding minors often requires that their ability to make informed decisions is assessed by a neutral party, particularly when decisions have significant implications for a child’s well-being. Courts serve to ensure that any consent given aligns with the best interests of the child, especially in situations where the minor may lack the maturity or understanding required to make particular choices. The biological parents generally have parental rights over their child but may not have the ultimate say regarding consent capacity once the dependency system is invoked. This is due to the legal complexities and potential conflicts that may arise, especially if there are questions about the parents' ability to provide appropriate care or meet their child's needs. While minors can express their opinions and preferences, their legal capacity to consent is often limited by age and maturity. As such, a minor's authority in this area isn’t recognized as fully binding without oversight or approval from the court or legal guardians. Foster parents may be involved in a minor’s care and support but do not typically hold the legal authority to determine consent capacity either, as significant decisions must typically go through court review or approval in alignment with the minor’s best