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Rights of Children
Transcript of Rights of Children
this led legislation to
allow parents to abandon a newborn without legal prosecution or with reduced legal prosecution
By 2010, all states had enacted some form of safe haven law.
in some states the parent can remain anonymous,
while in others he or she must reveal identity and
a medical history. in some states, medical histories
can also be dropped off anonymously.
some states place a limit on the age of a baby
that can be abandoned this is to encourage to
a parent to abandon the baby early. so the child
can receive adequate nutrition and medical care,
rather than hiding the child and letting it
become malnourished or otherwise unhealthy.
The issue of abandonment also
raises many ethical questions for
society and or health care practitioners..
Is the "Safe Haven" concept Ethical-since
prosecution is usually waived for parental
abandonment under safe haven laws-or is it a
form of child abuse and neglect?
Should abandoned infants be eventually returned
to the parent(s) who abandoned them, or should
such parents be forced to relinquish parental rights?
Historically, many cultures practiced abandonment of infants, called "infant exposure".
It is certainly the more cruel way to kill...... by exposure to cold and hunger.
What are the different devices that was created for the purpose of leaving unwanted infants?
1. Baby Hatches
2. Foundling wheels
3. The golden box
4. The bed of life.
1 & 2 Baby hatches and The foundling wheel
Baby Hatches have existed in one form or another for centuries.... the system was quite common in medieval times.
From 1198 the first foundling wheels were used in Italy. Pope Innocent III decreed that these should be installed in homes for foundlings so that women could leave their child in secret instead of killing them.
A foundling wheel was a cylinder set upright in the outside wall of the building, rather like a revolving door.
Mothers placed the child in the cylinder, turned it around so that the baby was inside the church, and then rang a bell to alert caretakers.
Best Interest of the Child Concept
Best Interest of the Child Concept
The best interest of the child is a standard used in family law to make decisions impacting a child in matters of adoption, child custody, guardianship, and visitation, among other issues. It is a subjective, discretionary test, in which all circumstances affecting the child are taken into account.
The following is an example of one's state's statute dealing with the best interest of the child:
"For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:
the parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent
the love, affection, and other emotional ties existing between the parents and the child
the capacity and disposition of the parents to provide the child with food, clothing, medical care, and other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
the permanence, as a family unit, of the existing or proposed custodial home
the moral fitness of the parents;
the mental and physical health of the parents;
the home, school, and community record of the child
the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
the willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent
any other fact considered by the court to be relevant
Throughout the 1990s,
newborn babies were abandoned and
left to die in dumpsters, public bathrooms
and other locations.
in some states, the baby can be
handed to a doctor, police officer,
left at a fire station or hospital.
Mature minors are individuals in their mid-late teens who are considered mature enough to comprehend a physicians recommendations and give informed consent
emancipated minors legally live outside their parents home or guardians control
court may declare minors emancipated if one
or more of the following criteria are met:
They are self supporting, They are married, provided the marriage is legal, they are serving in the armed forces
Be born in as natural, loving and family-centered setting as possible with a knowledgeable, caring, conscientious birth attendant, either at home, in a birth center, or a progressive, family-centered hospital, as best meets the particular needs of the family.
emancipated minors do not usually gain all the rights of an adult. Some limits, such as the legal age for purchasing alcohol or tobacco products, voting age, mandatory school attendance age(unless married), and other legal restrictions still apply. Minors have the same constitutional rights as adults, including the right to privacy.
no state explicitly requires parental involvement for a minor to obtain any of the services listed above. In some states however laws leave the decision about whether or not to inform parents that minor sons or daughters have received or are seeking contraceptives, prenatal care, STI services to the discretion of the treating physician, based on the best interest of the minor.
Laws in some states give minors the right to consent to general medical and surgical care under some circumstances, such as being a parent themselves, being pregnant, or reaching a certain age
Be born vaginally, without intervention, drugs, induced labor, forceps, electronic fetal monitor, artificial rupture of the membrane or any other aggressive obstetrical procedure, barring absolute health necessity.
Several states also allow minors who are parents to consent to medical care for their children. Mothers who are minors may also legally place their children for adoption without the consent or knowledge of the mothers parents
Minors seeking abortion must involve at least one parent in the decision. Teenagers who do not tell their parents about pregnancy must either travel out of state or obtain approval from a judge a process known as judicial bypass to obtain an abortion
Be born in the presence of his/her father and be held immediately after birth by the mother and father, barring absolute health contraindications.
Be kept warm after birth. Dangerous consequences can result from the loss of body heat. In most cases, the mother's body insures adequate warmth if the baby is covered with a blanket.
Be spared any cosmetic procedure that involves alteration of normal structures, until the child is old enough to choose for him/herself whether or not he/she wishes it
Therefore, tattooing of child's body, piercing of a child's ears or circumcising a child's foreskin, done merely for the sake of the parent's sense of esthetics, is a basic violation of individual human rights, because a child cannot make a choice about it
Be spared procedures done for demonstration and/or teaching purposes and routine procedures that exist only for the few who may need it
Be fed on demand, in accordance with his/her body's need for food, rather than by an arbitrary imposed schedule
All babies should be considered for breastfeeding, as breast milk has been proven to be the superior food for infants.
Be afforded necessary and appropriate treatment in the event of abnormality or illness, with all decisions being made with only the welfare of the child in mind
If a procedure is necessary, such as surgery for a hernia or other birth defect, the infant has the right to have appropriate, effective anesthesia,
since all older individuals undergoing surgery are afforded this consideration.
Be spared any painful procedure that is not absolutely necessary for his/her health or well being
Prophylactic ointments such as erythromycin or tetracycline, which do not sting, can be used.
such as routine administration of silver nitrate drops in the eyes. This procedure is useless for the 95% of all babies whose mothers do not have gonorrhea