Analyzing an Ethical Decision

Summary of the moral/ethical issue

The moral issue is how to determine what is best for the child when making custody decisions. Elian (the child) is picked up by coastguards from the sea where she was stranded with her mother having died in the sea. The main issue is that a custody case is ongoing with the court expected to determination on whether the father who lives in Cuba should be granted custody of the child or if relatives who live in Miami should have custody. There is an understanding that the custody determination should be best on the child’s best interest, however, the question remains on what standards to observe when determining what is best for the best. The moral issue is how to determine what is best for the child, and the specific issues to be considered.

Describe the moral/ethical dilemma

The ethical dilemma is how to ensure that the child’s best interest remain paramount when making custody decisions even as the custodial parent’s rights are restricted to reasonable autonomy while advancing the child’s opportunity for healthy development and stability. Evidence from child studies reveals that a child will do best when nurtured in an environment with financial and emotional support. However, the problem of competing interests that intersect with the needs of the child complicate the issue (Willemsen & Willemson, 2015). Analyzing an Ethical Decision Essay Paper

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Analyze the issues and compare them to the state health law regulations in the State statutes provided.

Medical personnel are guided by articles in the United Nations Conventions on the Rights of Children. Articles 3, 9, 18 and 19 act as the basis on how to determine what is best for the child. Article 3 mentions that the state must ensure that it establishes institutional standards to care and protect child with a focus on serving their best interests that prevail in all administrative and legal decisions. Article 9 adds that a child should live with the parent and maintain contact with the parent unless this violates the best interests of the child. Article 18 notes that the parent should be involved in parenting tasks. Article 19 mentions that the state must protect the child from neglect and abuse. These four articles act as the foundation for best interest standards pertaining to children as applied in the USA (Patton, 2006). The USA has 50 separate states that present 50 separate family law jurisprudences. This creates a maze of legislation on custody issues in the country. However, there are two federal statutes, which are based on the four previously identified articles, that guide child custody decisions. Firstly, the Parental Kidnapping Prevention Act offers rules for the child’s return when removed from a jurisdiction without parental consent or a court order. Secondly, Uniform Child Custody Jurisdiction and Enforcement Act that establishes the framework for determining the appropriate decision make when the parents reside in different states (Patton, 2006).

Outline the process of ethical decision making you would use to address this ethical dilemma.

The decision on how to determine the child custody should be based on therapeutic justice model. The model evaluates the impact of the custody on the mental health of the parties involved in the case. Of primary concern is whether the perceived benefits of a party having custody are outweighed by the detrimental psychological health effects. A nurse applying the therapeutic justice model shifts away from the legalities of the case and moves towards solving the long-term psychological health challenges of all parties involved to include possibilities of neglect and abuse for the child. This will require that all the parties attend evaluations for psychological health, mental health education and mediation to minimize the negative effects of going through a potentially bitter litigation process (Fogel & Wood, 2008).

References

Fogel, C. & Woods, N. (Eds.) (2008). Women’s Health Care in Advanced Practice Nursing. Springer Publishing Company, LLC.

Patton, W. (2006). Legal Ethics in Child Custody and Dependency Proceedings: A Guide for Judges and Lawyers. Cambridge University Press.

Willemsen, E. & Willemson, M. (2015). A child’s right to have stable relationships must be central to custody decisions. https://www.scu.edu/ethics/focus-areas/more/resources/the-best-interest-of-the-child/

Assignment 2 Practicum Journal Entry: Analyzing Ethical Decision

Write a 2-page paper in which you do the following:

• Summarize the moral/ethical issue in the article (no more than 1 paragraph).
• Describe the moral and ethical dilemmas surrounding the issue.
• Analyze the ethical issue and compare them to the state health laws and regulations in your state.
• Outline the process of ethical decision making you would use to address this ethical dilemma. Analyzing an Ethical Decision Essay Paper