Who is responsible for a minor?

[DALAJS]

Hi, I'm a new diver living on Vancouver Island, British Columbia, (certified in August '09) and I'm looking for somebody to back me up and help provide me with a legitimate argument to keep on diving.

The problem is, my parents are going away to Mexico next week and they are leaving me behind. I was okay with this only because I had planned on doing a ton of diving the week they were away, including a charter to dive with sea lions! (Its exam week so I would be home all day) They have decided that they don't want me diving while they are out of the country. When asked for a reason they muttered something about if there was an accident and paperwork and signing medical forms and whatnot. If an accident did occur, from a legal standpoint, would my parents have to be around to sign said paperwork and make medical decisions? If a serious accident did occur, would anybody worry about liability and paperwork? Could somebody else (my dive buddy) make such decisions? I figure that if I’m not being carried out in a pine box, than I would be rational enough to make decisions for myself.

As I have never been in any type of diving accident (knock on wood), I don't really know what a trip to the hospital/chamber would entail. Would it really be better to stay out of the water for a week? I know it would be easier if I just sat it out, but hey, I’m 17. I'm more likely to listen to all of you than my parents!

Thanks for any and all responses!

 

[Can't swim]

As a parent, I can say that I would also tell my 17 year old child the same thing.
However, I also got my OW card in 2009.My youngest son got his OW card 2 months after I did. I'm 51 and my sons, ages 27 and 29, worry about me when I go diving. As a new diver and the parent of a new diver, I can understand the worries that you parents have. Not just the idea of what would happen but knowing what can happen. You are a minor and there are some things that you can't legally make a decision about. Check the laws in your state, contacting local EMS office would be a good start, and find out what decisions you can make as a minor as to your medical care and whether or not you can make those decisions.
Also check with the LDS as to whether or not a minor can sign a release of liability form.
Then, follow your parents wishes!!
After they return, educate them as to whether or not their worries about the medical and legal issues were valid. Then educate them about diving, that way the next time they go away maybe they won't have so much to worry about.
Being a new diver, I understand your wanting to go any time you can, believe me I know!!!
But, until you are an adult and can make adult decisions the best thing you can do is show your parents that you responsible enough to obey them.
Be careful and dive S.A.F.E.

 

[Trace Malinowski]

Hi, I'm a new diver, (certified in August '09) and I'm looking for somebody to back me up and help provide me with a legitimate argument to keep on diving.

The problem is, my parents are going away to Mexico next week and they are leaving me behind. I was okay with this only because I had planned on doing a ton of diving the week they were away, including a charter to dive with sea lions! (Its exam week so I would be home all day) They have decided that they don't want me diving while they are out of the country. When asked for a reason they muttered something about if there was an accident and paperwork and signing medical forms and whatnot. If an accident did occur, from a legal standpoint, would my parents have to be around to sign said paperwork and make medical decisions? If a serious accident did occur, would anybody worry about liability and paperwork? Could somebody else (my dive buddy) make such decisions? I figure that if I’m not being carried out in a pine box, than I would be rational enough to make decisions for myself.

As I have never been in any type of diving accident (knock on wood), I don't really know what a trip to the hospital/chamber would entail. Would it really be better to stay out of the water for a week? I know it would be easier if I just sat it out, but hey, I’m 17. I'm more likely to listen to all of you than my parents!

Thanks for any and all responses!

My advice on this is to earn your parents trust and respect on this issue by sitting it out. Be the model kid that they would adore for that week. Do some of the things around the house that they'd appreciate. Stay out of trouble. Show them how mature, obedient, respectful and responsible you can be. When they return from Mexico, show them what a smart kid they have and then talk to them about giving you more freedom to grow up.

Personally, being on my own to dive at age 15, gave me something better to do than get into trouble. I find myself on college campuses where parents are there to help choose their kid's courses. That was unheard of when I was in college 20 years ago. At 17, you are a full open water diver and you can even join the military. You're a year or less away from being a legal adult.

Being an adult often means sacrificing to stand for something. Whatever the legal matters behind medical consent forms, on this issue your parents have made their wishes clear. Use this week to stand up for yourself by standing up for their wishes. You'll earn their respect and that respect could gain you freedom to dive.

If you want, just read a few of my posts in ScubaBoard. You may learn something and that will take you about a week.

 

[driftwood]

First, you sound fairly mature to even ask the question and get advice. Mom and Dad trust you enough to leave you alone and make good decisions. Second, I hear your frustration in being limited and not allowed to make your own decisions.

Some things come down to numbers and lines in the sand. 18 years old is one of the arbitrary numbers that you have to live with. As a minor you do not have the right to contract for any services, including renting tanks, equipment, charters, cable TV, etc.

If things go south, god forbid, I can assure you that you will get all the help and care you need. That is the upside, then you get to explain to your parents why you found it necessary to violate their trust in you. Probably not what you wanted to hear, but you have a gift that I would have loved to have at 17, being a certified diver with a lot of life ahead of you.

 

[Garrobo]

I don't see the significance concerning loss of life or limb. Most parents are (at first) highly forgiving when one of their punk kids gets into trouble. If dead it's all tears for Johnny. The only problem I see here is that you will be in for a raft of sh** if your parents find out you disregarded their instructions and went off diving anyway. They might shut off your diving and bucks for a while. How about whether it is in your future best economic interests to defy your parents' wishes, like college money or a place to crash while you are bumming around? Is some diving worth it? I don't know what the legal ramifications would be in Canada but with your 'fantastic' health care system up there I'm sure that the medicos will take good care of you if you get in trouble. If I was in your shoes I'd go ahead and go diving and hope for the best. Parents and common sense be damned.

 

[Wookie]

I don't know how it is in Canada, but in the US if we take an unaccompanied minor out on the boat, they must sign the liability release and we must get a medical consent for treatment form signed by the parents. Exactly the reason your folks mumbled about, a doctor cannot treat you against your parents wishes. If you are injured and your parents belong to one of those strange religions that don't believe in health care, the doc could be up a creek if you were treated.

 

[DCBC]

I see you live in Canada. As you are over the age of 16, you can leave home at anytime. You can make your own decisions and do what you want to do.

HOWEVER

As an adult, you have to make compromises when you live with another person. This doesn't matter if it's your parents, a buddy, or a wife. You can't always have things your own way.

I suspect that your Mom and Dad are picking-up the tab, so that gives them certain additional rights. They promise to look after you while your going to school and you promise to live within certain parameters within their home; probably by doing what they say.

You have to keep in-mind that your Mom and Dad love you and want what's best for you. If they don't understand the dangers involved, it's up to you to explain it to them. They aren't however required to agree with you.

I have three grown-up sons. While they were living at home I tried to give them as much latitude as I could, but sometimes it came down to it's my way or the highway. As I was in the Navy when I was not too much older than you, I had to understand that discipline exists even when I leave home. There's always someone else's rules that we have to consider.

So my recommendations:

1. Tell them that you disagree with their decision.

2. Emergency medical treatment in Canada does not require anyone's permission.

3. Diving is safer than driving in the car to town and back. Stats are available; print them out.

4. You will not dive when they are away. You love them and respect their decision, but hope that they would take the time to learn what the real risks are in diving.

Know that you've acted maturely and have done the right thing. A mark of a man.

 

[dadediver]

Hi, I'm a new diver living on Vancouver Island, British Columbia, (certified in August '09) and I'm looking for somebody to back me up and help provide me with a legitimate argument to keep on diving.

The problem is, my parents are going away to Mexico next week and they are leaving me behind. I was okay with this only because I had planned on doing a ton of diving the week they were away, including a charter to dive with sea lions! (Its exam week so I would be home all day) They have decided that they don't want me diving while they are out of the country. When asked for a reason they muttered something about if there was an accident and paperwork and signing medical forms and whatnot. If an accident did occur, from a legal standpoint, would my parents have to be around to sign said paperwork and make medical decisions? If a serious accident did occur, would anybody worry about liability and paperwork? Could somebody else (my dive buddy) make such decisions? I figure that if I’m not being carried out in a pine box, than I would be rational enough to make decisions for myself.

As I have never been in any type of diving accident (knock on wood), I don't really know what a trip to the hospital/chamber would entail. Would it really be better to stay out of the water for a week? I know it would be easier if I just sat it out, but hey, I’m 17. I'm more likely to listen to all of you than my parents!

Thanks for any and all responses!

I have three sons, ages are 15, 17 (18 next month) and 21 years old. All of my kids had been involved in scuba since the age of 8. My sons faced what you are facing now. Once they got OW certified, they had asked to go diving with friends or each other without adult supervision and I had always told them that my wife, myself or a trusted certified friend would need to go with them. I love my boys and I want them to be safe, even if it means me being overly protective at times. I realize that I cant protect them from everything, such as them driving to school and back and the friends that they pick. All I can do is teach them through mentoring on being responsable young men. My sons are excellent divers and had never had any problems on a dive. However, when it comes to them diving and rockclimbing by themselfs or with friends, I prefer to have a trusted and qualified adult present. It sounds like you have parents that are good parents. Now a days many parents want to be their kids friends without being their parent. I would imagine that it is a difficult struggle for your parents to tell you to wait until them get back from traveling abroad, but at least they are standing up for what they believe to be in your best interest.

 

[ScubaRich]

Wash all your moms delicates on the hot setting to catch up on the laundry, That will teach them to leave you home while they go to Mexico without you!

 

[BDSC]

Live on the edge my friend!

GO DIVING!