Attention-Deficit/Hyperactivity Disorder

Legal and Ethical Concerns

Psychologists are aware of and respect cultural, individual, and role differences, including those based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language, and socioeconomic status and consider these factors when working with members of such groups" (Behnke, 2009). 

In the article, Attention deficit hyperactivity disorder: legal and ethical aspects they state, "We begin by meeting our legal duty to manage the referral to ensure it is treated optimally. We seek consent, aware that assessment or treatment without consent normally constitutes the legal offence of battery. Usually, we seek consent from the parents, but try to take the child's views and wishes into account. Despite concerns about whether this offers children, particularly teenagers, sufficient autonomy, the overwhelming weight of law and guidance is on our side. We undertake a thorough assessment and treat on its basis, ensuring both assessment and treatment consistent with current professional guidelines, meeting the legal requirement that our practice should be both reasonable and agreed with our peers. This process clearly involves respect for autonomy in obtaining appropriate consent, beneficence, and non‐maleficence in providing appropriate care. Justice is also involved, though less obviously: for example, we consider it just (fair) to be expected to manage the assessment and medical treatment of these cases well, while the legal framework and guidance just outlined tells us what “well” means. Our model tells us that, if we approach ordinary cases of hyperactivity in an ordinary way, we are acting both ethically and legally" (Foreman, 2006). 

Is Meeting the Letter of the Law Sufficient?

The letter of the law focuses on exact wording of the law. "The ADA is essentially a civil rights law that prohibits discrimination against individuals with “a physical or mental impairment that substantially limits one or more major life activities of such individual. Courts, including the U.S. Supreme Court, initially applied the ADA quite narrowly. This was not what Congress had intended when it first passed the law, so it amended the ADA to clarify that it should be broadly applied and to change the “legal environment in which individuals must demonstrate an inappropriately high degree of functional limitation in order to be protected from discrimination under the ADA.” (Yellin, 2023). I think that challenges still exist, we need to continue our efforts to ensure that all individuals receive the necessary protection under the ADA. 

Discuss and Illustrate the Spirit of the Law

The spirit of the law goes beyond the written word, or letter of the law, and seeks to capture the purpose or intent of a law when it was written (The letter of the Law vs. the spirit of the law, 2021).

The Spirit of the Law takes a deeper look into some of the ways that we can accommodate and support individuals that face challenges related to ADHD. 

Potential Issues Impact on the Individual

• Difficulty with Focus
• Impulsivity
• Hyperactivity
• Procrastination
• Organization & Time Management
• Memory Challenges
• Academic Concerns 
• Occupational Issues
• Social Difficulties
• Emotional Dysregulation

Impact on Family/Friend, Environment, and Society

The Impact on Parents

• Increased stress: Raising a child with ADHD can be overwhelming, leading to higher stress levels.
• Guilt and self-blame: Parents may feel guilty or blame themselves for their child’s struggles.
• Strained relationships: Parenting a child with ADHD can put pressure on relationships with partners, friends, and other family members.
• Financial burden: The costs of evaluations, treatments, and accommodations for a child with ADHD can cause additional financial stress.

The Impact on Siblings

• Feeling overshadowed: Siblings may feel overlooked by the extra attention given to their brother or sister with ADHD.
• Resentment: Siblings may feel jealous or angry about the extra time and energy their parents spend on their sibling with ADHD.
• Increased responsibility: Older siblings may help with their ADHD sibling and that can be both rewarding and burdensome.
• Empathy and understanding: Siblings of children with ADHD often develop a deep sense of empathy and understanding for those with different needs.

As a society we can improve the environment for those struggling with ADHD by:

• Education & Awareness
• Flexible Work Environments
• Frequent Breaks
• Clear Communication
• Structured Routines
• Accommodations
• Inclusivity
• Support

References

Behnke, S. (2009). Ethics rounds: Disability as an ethical issue. Monitor on Psychology. https://www.apa.org/monitor/2009/06/ethics

Foreman D. M. (2006). Attention deficit hyperactivity disorder: legal and ethical aspects. Archives of disease in childhood, 91(2), 192–194. https://doi.org/10.1136/adc.2004.064576

Goally. (2023, October 26). ADHD family: How the diagnosis affects everyone. Goally Apps & Tablets for Kids. https://getgoally.com/blog/adhd-family-how-the-diagnosis-affects-everyone/

The letter of the Law vs. the spirit of the law. the Ethics Giver. (2021, February 5). https://theethicsgiver.com/the-letter-of-the-law-vs-the-spirit-of-the-law/

Yellin, S. (2023, July 20). Your rights to ADHD accommodations at work. ADDitude. https://www.additudemag.com/adhd-law-americans-with-disabilities-act/