The “Competence” of Children: No Longer All or None

Traditionally, under a fixed age set by the state, the child existed as an essentially disenfranchised member of the community. Current developments are demanding a variability in our assignment of autonomous rights, forcing a concept of “variable” competency. The courts increasingly require guidance as to “maturity” and “judgment” of children in their capacity to speak for themselves. This paper attempts to define some of the general conditions that limit competence and begins the process of establishing some general guidelines to help in deciding when we ought to allow children to enter into the decision-making process in important areas concerning their lives and futures.

Journal of the American Academy of Child Psychiatry, 21, 2:153–162, 1982.