Children's Healthcare is a Legal Duty

Children's Healthcare Is a Legal Duty (CHILD)
CHILD logo
Abbreviation CHILD
Formation 1983
Type 501(c)3
Focus Child neglect
Location
  • Lexington, Kentucky, USA
Key people
Rita Swan, president; Ken Stringer, board chairman
Website childrenshealthcare.org

Children's Healthcare Is a Legal Duty (CHILD) is an American non-profit membership organization that works to stop child abuse and neglect based on religious beliefs, cultural traditions, and quackery. CHILD opposes religious exemptions from child health and safety laws. These exemptions have been used as a defense in criminal cases when parents have withheld lifesaving medical care on religious grounds. These exemptions also have discouraged reporting and investigation of religion-based medical neglect of children and spawned many outbreaks of vaccine-preventable disease.[1][2] CHILD publicizes the ideological abuse and neglect of children, lobbies for equal protection laws for children, and files lawsuits and amicus curiae briefs in related cases.

CHILD was founded in 1983 by Rita and Douglas Swan after the death of their son, Matthew. The Swans were persuaded not to seek medical treatment for him by Christian Science practitioners, who claimed they were healing him. When the practitioner said Matthew might have a broken bone and that Christian Scientists were allowed to go to a doctor for setting broken bones, the Swans took their baby to a hospital, but it was too late to save him.[3]

According to the National Association of Counsel for Children, which gave an award to Rita Swan for her efforts, "Due in large part to CHILD's efforts, Colorado, Massachusetts, Maryland, South Dakota, Hawaii, and Oregon have removed laws which provided exemptions from prosecution to parents who fail to provide medical care for their sick children based on religion."[4][5][6]

Mission

The mission of Children's Healthcare Is a Legal Duty is to end child abuse or neglect related to religion, cultural practices, or quackery through public education, research, and a limited amount of lobbying.[7]

CHILD supports

History

Rita and Douglas Swan founded CHILD as a legacy to their son, Matthew.[8] In 1977 he became ill with bacterial meningitis. The Swans, Christian Scientists at the time, were persuaded by Christian Scientist practitioners – the religion's name for its spiritual healers – not to seek medical treatment for their son. The Swans did take Matthew to the hospital after he had been ill for 12 days, but his illness had progressed too far, and he died.[9] Motivated by this tragedy, CHILD works to eliminate religious exemptions in child health and safety laws. Parents belonging to various religions, in particular Christian Science, have used these exemptions as legal defenses in criminal cases for failing to provide medical care for children who then died.[10]

The Swans left the Christian Science Church,[3] and CHILD and Rita Swan have worked "relentlessly" to publicize cases of religion-related child abuse and neglect.[11] In 1998, Seth Asser and Rita Swan published a benchmark study in Pediatrics analyzing 140 child deaths in which medical treatment was withheld. This study showed that 90% of these children would have survived with routine medical care.[12][13]

In 1996 Congress added to the Child Abuse Prevention and Treatment Act a provision that nothing in the act can "be construed as establishing a Federal requirement that a parent or legal guardian provide any medical service or treatment that is against the religious beliefs of the parent or legal guardian."[14] CHILD has opposed this provision on several fronts. CHILD's work has led to the repeal of some or all religious exemptions to child neglect laws in Colorado, Massachusetts, Maryland, South Dakota, Hawaii, Oregon, Minnesota, Ohio, and Rhode Island.[5][15] In 2009 CHILD lobbied successfully to remove provisions from the federal Affordable Care Act that would have provided government funding and mandated insurance company payment for faith healing that includes no medical care.[16][17]

Recognition

Activities

Legal actions

The Swans filed a wrongful death suit against the Christian Science Church in 1980, but it was dismissed on First Amendment grounds, and the U.S. Supreme Court declined to hear their case on appeal.[9][23] In 2000, CHILD sued the Director of the Health Care Financing Administration and the Secretary of the U.S. Department of Health and Human Services (Children's Healthcare Is a Legal Duty, Inc. v. Min De Parle), over federal healthcare monies being directed to Christian Science facilities and others that provide no medical treatment. The suit, alleging a violation of the establishment clause, was dismissed with summary judgment; on appeal, the judgment was upheld, and the Supreme Court declined to hear an appeal.[24][25] Other legal cases include CHILD Inc. and Brown v. Deters challenging Ohio's religious defense to child endangerment and manslaughter (ORC 2919.22a) and CHILD Inc. v. Vladeck against the federal government's use of Medicare and Medicaid funds for Christian Science nursing.[26][27]

Testimony before legislatures

  • Oregon Senate Judiciary Committee, 26 April 2011[28]
  • Oregon House Judiciary Committee, 21 February 2011[29]
  • Wisconsin Assembly Committee on Children and Families, 17 March 2010
  • Nebraska State Legislature, Health and Human Services Committee, 25 January 2007[30]
  • Iowa House Education Subcommittee, January 2006
  • Maine Joint Standing Committee on Health and Human Services, May 2005
  • Nebraska State Legislature, Education Committee, February 2005
  • Rhode Island House Health, Education, and Welfare Committee, February 2004
  • Missouri House Judiciary Committee, April 2003
  • Colorado Senate Health, Environment, Children, and Families Committee, April 2001
  • Maryland House Judiciary Committee, March 2001
  • Colorado House Criminal Justice Committee, February 2001
  • Oregon House Criminal Law Committee, March 1999
  • South Dakota House and Senate Health and Human Services Committees, February 1998[31][32]
  • Michigan House Judiciary Committee, February 1997
  • U. S. Senate Labor and Human Resources staff briefing, June 1995
  • Minnesota House Judiciary Committee, March 1994
  • Minnesota House Judiciary Committee, December 1991
  • Minnesota Senate Judiciary Committee, March 1991
  • South Dakota House State Affairs Committee, January 1990
  • California Assembly Committee on Public Safety, October 1989
  • Ohio House Children and Youth Committee, March 1989
  • Ohio House Children and Youth Subcommittee, March 1985
  • North Dakota House of Representatives, January 1979[21]

Publications

Presentations

Television appearances

  • In Session. 18 May 2010. TruTv. 
  • Diabetes Life. 16 August 2009. NBC. CNBC. 
  • "Faith Healing Court Cases". Religion & Ethics Newsweekly. 1 May 2009. PBS. 
  • "Prayer and Healing: Power or Placebo?". Investigative Reports. 17 December 2001. A+E Networks. A&E.  Producer: Paulist Productions.
  • Crier Today. 31 July 2000. TruTV. 
  • Fox National Evening News. 21 June 1999. Fox News. 
  • NBC Connecticut News. Hartford, CT. April 1999. NBC. WVIT. 
  • Leeza. November 1998. NBC. 
  • The Today Show. 23 October 1998. NBC. 
  • KATU Evening News. Portland, OR. April 1998. ABC. KATU. 
  • "Hurting or Healing". La Crosse, WI. February 1994. CBS. WKBT.  Missing or empty |series= (help)
  • The Shirley Show. 1 February 1994. CTV. 
  • AM Philadelphia. 19 February 1991. ABC. WPVI. 
  • Evening Magazine. August 1990. 
  • Inside Report. 16 July 1990. 
  • The Today Show. 6 July 1990. NBC. 
  • NBC Nightly News. 5 July 1990. NBC. 
  • People are Talking. San Francisco, CA. 11 September 1989. CBS. KPIX. 
  • This Evening. July 1989. 
  • "Town Meeting". Seattle, WA. 20 November 1988. ABC. KOMO.  Missing or empty |series= (help)
  • "God is my Doctor". Phoenix, AZ. 13–16 November 1998. NBC. KPNX.  Missing or empty |series= (help)
  • "In God's Hands". Denver, CO. 4 October 1988. NBC. KUSA.  Missing or empty |series= (help)
  • Good Morning Britain. United Kingdom. June 1988. TV-am. 
  • ABC News Nightline. 17 June 1988. ABC. 
  • Good Company. Seattle, WA. 1 June 1988. NBC. KING. 
  • The Phil Donahue Show. 17 May 1988. 
  • 20/20. 6 May 1998. ABC. 
  • NBC Nightly News. 26 April 1988. NBC. 
  • "When Faith is Fatal". Cleveland, OH. 8–14 November 1987. WJW.  Missing or empty |series= (help)
  • Midday Program. Columbus, OH. 28 January 1987. WTVN. 
  • Pittsburgh 2Day. Pittsburgh, PA. 8 January 1987. KDKA. 
  • Discover Columbus. Columbus, OH. 17 March. WTVN.  Check date values in: |date= (help)
  • All Things New. Toledo, OH. 27 January 1985. CBS. WTOL. 
  • Crossroads. 27 June 1984. CBS, CBS News. 
  • People are Talking. San Francisco, CA. 23 May 1984. CBS. KPIX. 
  • Town Hall. Portland, OR. 9 May 1984. KATU. 
  • Pittsburgh 2Day. Pittsburgh, PA. 17 January 1984. KDKA. 
  • Break Away. 24 February 1984. 
  • KITV News. Sioux City, IA. 29 December 1983. KTIV. 
  • KCAU News. Sioux City, IA. Six interviews since August 1983. KCAU.  Check date values in: |date= (help)
  • People are Talking. Philadelphia, PA. 1 November 1983. CBS. KYW. 
  • People are Talking. Boston, MA. 17 October 1983. CBS. WBZ. 
  • The Today Show. 20 September 1983. NBC. 
  • PBS Latenight. May 1982. PBS. 
  • Kelly & Company. Detroit, MI. May 1982. WXYZ. 
  • People are Talking. Baltimore, MD. May 1980. WJZ. 
  • People are Talking. Philadelphia, PA. May 1980. CBS. KYW. 
  • Pittsburgh 2Day. Pittsburgh, PA. May 1980. KDKA. 
  • Good Morning, Detroit. Detroit, MI. December 1979. WJBK. 
  • The Phil Donahue Show. November 1979. [15]

References

  1. "Some Outbreaks of Vaccine-preventable Disease in Groups with Religious or Philosophical Exemptions to Vaccination", CHILD website, CHILD, retrieved 30 Apr 2013.
  2. Tilkin, Dan (KATU News); Murad, Mike (KBOI News, Idaho) (20 May 2011). "Man speaks out about child deaths in NW faith-healing church" (TV news broadcast). Portland, OR: Fisher Communications, Inc. KATU. Retrieved 30 April 2013.
  3. 1 2 Bell, Bonnie (31 Mar 1980), "Their baby's death provokes Doug and Rita Swan to a holy war on Christian Science", People, ISSN 0093-7673
  4. Castle, Marie Alena, "No legal protection for kids in faith-healing families: Why most states sanction religion-based child sacrifice", Atheists for Human Rights, retrieved 30 Jan 2013
  5. 1 2 3 "Children's Law News" (PDF). The Guardian. National Association of Counsel for Children. 23 (3): 15. 2001. Retrieved 4 Apr 2013.
  6. Munns, Roger (2 Jun 1996). "Mom fights prayer that excludes medicine". Los Angeles Times. Retrieved 22 Apr 2013.
  7. 1 2 3 "CHILD About", CHILD website, CHILD, retrieved 4 Apr 2013
  8. Fraser, Caroline (1999), God's Perfect Child: Living and Dying in the Christian Science Church, New York: Henry Holt and Company, pp. 295–298, ISBN 0805044302, OCLC 473250863
  9. 1 2 Fraser, 1999, pp. 278–291.
  10. Larabee, Mark (30 Nov 1998), "Parents turn grief into a mission: Change the laws", The Oregonian, Advance Publications, ISSN 8750-1317
  11. Fraser, Caroline (Apr 1995), "Suffering children and the Christian Science Church", The Atlantic, ISSN 1072-7825, retrieved 18 Apr 2013
  12. Asser, S.M.; Swan, R. (Apr 1998). "Child fatalities from religion-motivated medical neglect". Pediatrics. American Academy of Pediatrics. 101 (4 Pt 1): 625–9. doi:10.1542/peds.101.4.625. ISSN 0031-4005. PMID 9521945.
  13. Gallegos, Alicia (19 Sep 2011). "Miracle vs. medicine: When faith puts care at risk". American Medical News. American Medical Association. ISSN 0098-7484. Retrieved 17 Apr 2013.
  14. Title 42-The Public Health And Welfare, Chapter 67-Child Abuse Prevention And Treatment And Adoption Reform, Subchapter I-General Program, Sec. 5106i-Rule Of Construction 42 U.S.C. § 5106i
  15. The Patient Protection and Affordable Care Act, Pub.L. 111–148
  16. "Victory! Christian Science provision not in merged health care reform bill." (News Release), Freedom From Religion Foundation, 20 Nov 2009, Faith-healing mandate nixed from Senate health care reform bill
  17. "AAP President recognizes Dr. Swan for work on children's equal rights to health care", AAP News, American Academy of Pediatrics, 33 (5), May 2012
  18. "2010 Social action award recipients" (PDF). Social Questions Bulletin. Iowa Chapter Methodist Federation for Social Action. Jun 2010. p. 3. Retrieved 17 Apr 2013.
  19. "The Giraffe Heroes Database: Swan, Rita". The Giraffe Heroes Project. Retrieved 17 Apr 2013.
  20. 1 2 3 "Rita Swan, PhD Fellow Board of Directors", Institute for Science in Medicine website, Institute for Science in Medicine, retrieved 23 April 2013
  21. "CHILD newsletter archive", CHILD website, CHILD, retrieved 6 May 2013
  22. Brown v. Laitner, 435 N.W.2d 1, 432 Mich. 861 (1989).
  23. CHILD Inc. v. Min De Parle 212 F.3d 1084 (8th Cir. 2000); No. 98-3521 U. S. Court Of Appeals for the 8th Circuit Submitted: 18 Oct 1999. Filed: 1 May 2000. Retrieved from Public.Resource.Org 17 Apr 2013.
  24. Harris, B. (2010). "Veiled in textual neutrality: Is that enough? A candid reexamination of the constitutionality of section 4454 of the Balanced Budget Act of 1997" (PDF). Alabama Law Review. 61 (2): 401–402. Retrieved 4 Apr 2013.
  25. CHILD Inc. and Brown v. Deters 92 F.3d 1412. No. 95-3850. U. S. Court Of Appeals, 6th Circuit. Argued 4 Mar 1996. Decided 5 Aug 1996. Rehearing And Suggestion For Rehearing En Banc Denied 20 Sep 1996. Retrieved from Public.Resource.Org 17 Apr 2013.
  26. CHILD Inc. v. Vladeck 938 F.Supp. 1466 (1996) No. 3-96-63. U. S. Dist. Court, D. MN, 3rd Div. 7 Aug 1996. Retrieved from Google Scholar 17 Apr 2013.
  27. Oregon Senate Committee on the Judiciary Minutes 26 Apr 2011. 2. Retrieved 18 Apr 2013
  28. Oregon House Committee on the Judiciary Minutes 21 Feb 2011. 2. Retrieved 18 Apr 2013
  29. Nebraska State Legislature, Health and Human Services Committee 25 Jan 2007 transcript. 11-13. Retrieved 18 Apr 2013
  30. Legislative Research Council, South Dakota Legislature. "Minutes 13 February 1998, Senate Health and Human Services Committee". Retrieved 22 Apr 2013
  31. Legislative Research Council, South Dakota Legislature. "Minutes 6 February 1998, House Health and Human Services Committee". Retrieved 22 Apr 2013
  32. Swan, Rita (Nov 1994). "Medical neglect of children on religious grounds". Freethought Today. Freedom From Religion Foundation. 11 (9). ISSN 0882-8512. Retrieved 23 Apr 2013.
  33. Swan, R.; Houy, M.; Carnes, R.M. (1981), "Healing sects and children's rights to medical care.", Proceedings of the Fifth National Conference on Child Abuse and Neglect, Milwaukee, WI: Wisconsin University, pp. 174–180 Missing or empty |title= (help)

Further reading

External links

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