Abbreviation | CHILD |
---|---|
Formation | 1983 to 2017 |
Type | 501(c)(3) |
Focus | Child neglect |
Location |
|
Field | Child welfare |
| |
Key people | Rita Swan, President |
Website | childrenshealthcare |
Children's Healthcare Is a Legal Duty (CHILD) was from 1983 to 2017 an American nonprofit membership organization that worked to stop child abuse and neglect based on religious beliefs, cultural traditions, and quackery. CHILD opposed 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 diseases and deaths. [1] [2] CHILD publicized the ideological abuse and neglect of children, lobbied for equal protection laws for children, and filed 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. When Matthew developed a high fever in 1977, several Christian Science practitioners, who claimed they were healing Matthew, persuaded the Swans not to seek medical treatment for him. After he had been ill for 12 days, the Swans did take Matthew to the hospital, but his illness had progressed too far and he died of bacterial meningitis. [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]
Rita and Douglas Swan founded CHILD as a legacy to their son, Matthew. [7] 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. When one of the practitioners said Matthew might have a broken bone, which Christian Scientists are allowed to go to a doctor for, the Swans took their baby to a hospital after he had been ill for 12 days, but his illness had progressed too far, and he died. [8] 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. [9]
Following the death of their son, the Swans left the Christian Science Church, [3] and in 1983, Rita Swan founded the nonprofit organization, Children's Healthcare is a Legal Duty (CHILD), and has worked "relentlessly" to publicize cases of religion-related child abuse and neglect. [10] In 1998, Rita Swan and Seth Asser published a benchmark study in Pediatrics that analyzed 140 child deaths in which medical treatment was withheld. This study showed that 90% of these children would have survived with routine medical care. [11] [12]
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". [13] 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] [14] In 2009, CHILD lobbied successfully to remove provisions from the federal Affordable Care Act that would have provided government funding and mandated insurance coverage for faith healing that did not also include medical care. [15] [16]
CHILD'S mission was to end child abuse and religious-based medical neglect, cultural practices, or pseudoscience through public education, research, and a limited amount of lobbying to support laws that protect children against maltreatment. The organization also filed lawsuits and amicus curiae briefs in related court cases. [17]
CHILD supported:
CHILD is no longer an active tax-exempt charity. There is, however, a new successor non-profit organization called CHILD USA operating out of the University of Pennsylvania. It was formed with the original CHILD's encouragement and support and is dedicated to ending child abuse and neglect through evidence-based research resulting in enlightened law and public policy. [18] [19]
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. [8] [20] In 2000, CHILD sued the director of the Centers for Medicare and Medicaid Services 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. [21] [22]
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. [23] [24]
The Church of Christ, Scientist was founded in 1879 in Boston, Massachusetts, by Mary Baker Eddy, author of Science and Health with Key to the Scriptures, and founder of Christian Science. The church was founded "to commemorate the word and works of Christ Jesus" and "reinstate primitive Christianity and its lost element of healing".
Faith healing is the practice of prayer and gestures that are believed by some to elicit divine intervention in spiritual and physical healing, especially the Christian practice. Believers assert that the healing of disease and disability can be brought about by religious faith through prayer or other rituals that, according to adherents, can stimulate a divine presence and power. Religious belief in divine intervention does not depend on empirical evidence of an evidence-based outcome achieved via faith healing. Virtually all scientists and philosophers dismiss faith healing as pseudoscience.
Christian Science is a set of beliefs and practices which are associated with members of the Church of Christ, Scientist. Adherents are commonly known as Christian Scientists or students of Christian Science, and the church is sometimes informally known as the Christian Science church. It was founded in 1879 in New England by Mary Baker Eddy, who wrote the 1875 book Science and Health with Key to the Scriptures, which outlined the theology of Christian Science. The book became Christian Science's central text, along with the Bible, and by 2001 had sold over nine million copies.
Child abuse is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm. This includes responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.
The Baby Doe Law or Baby Doe Amendment is an amendment to the Child Abuse Prevention and Treatment Act of 1974, passed in 1984, that sets forth specific criteria and guidelines for the treatment of disabled newborns in the United States, regardless of the wishes of the parents.
In the United States, a mandated reporter is a person who is legally required to report child abuse and neglect to Child Protective Services upon reasonable suspicion. Mandatory reporting laws generally apply to professionals who interact regularly with children while in some states, all adults are mandated to report regardless of employment. If a mandated reporter fails to report, they can be subject to civil penalty, criminal prosecution, or both.
Children often acquire religious views approximating those of their parents, although they may also be influenced by others they communicate with – such as peers and teachers. Matters relating the subject of children and religion may include rites of passage, education, and child psychology, as well as discussion of the moral issue of the religious education of children.
Commonwealth v. Twitchell, 416 Mass. 114, 617 N.E.2d 609 (1993), was the most prominent of a series of criminal cases, in the late 1980s and early 1990s, in which parents who were members of the Christian Science church were prosecuted for the deaths of children whose medical conditions had been treated only by Christian Science prayer.
Religious abuse is abuse administered through religion, including harassment or humiliation that may result in psychological trauma. Religious abuse may also include the misuse of religion for selfish, secular, or ideological ends, such as the abuse of a clerical position.
Marci Ann Hamilton is the chief executive officer and academic director at Child USA, an interdisciplinary think tank to prevent child abuse and neglect. She is also a scholar of constitutional law and Robert A. Fox Leadership Program Distinguished Scholar and Professor of Practice at University of Pennsylvania with dual appointments to Department of Political Science in Penn's College and Graduate School and Penn's Law School. She is an advocate for the enforcement of the Establishment Clause of the United States Constitution. Hamilton also promotes adequate protection for minors, individuals and landowners who suffer as a result of actions which are claimed to be constitutionally protected on religious grounds. Hamilton is critical of provisions within Federal and State Religious Freedom Restoration Acts.
Sara Gelser Blouin is an American politician from Oregon. She is a member of the Democratic Party.
The Parental Rights Amendment to the United States Constitution is a proposed change to the United States Constitution. The amendment's advocates say that it will allow parents' rights to direct the upbringing of their children, protected from federal interference, and the United Nations Convention on the Rights of the Child. The Amendment was first proposed during the 110th Congress as House Joint Resolution 97 in July 2008, but no action was taken during that Congress. The Amendment has been described as a "wedge issue" and part of the culture wars.
Karly’s Law is a law that reformed child abuse investigation standards and procedures in the state of Oregon. Karly’s Law is named for a three-year-old girl, Karly Sheehan, who died as a result of child abuse and neglect in 2005.
Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. Over a dozen scholarly organizations and committees focussing on law and religion were in place by 1983, and a scholarly quarterly, the Journal of Law and Religion, was first published that year. The Ecclesiastical Law Journal began publication in 1987. The Rutgers Journal of Law and Religion was founded in 1999. The Oxford Journal of Law and Religion was founded in England in 2012.
The Equitable Access to Care and Health Act is a bill that would amend the Internal Revenue Code, with respect to minimum essential health care coverage requirements added by the Patient Protection and Affordable Care Act, to allow an additional religious exemption from such requirements for individuals whose sincerely held religious beliefs would cause them to object to medical health care provided under such coverage. Individuals could file an affidavit to get this exemption, but would lose the exemption if they went on to later use healthcare. The affidavit would be filed with their tax returns.
The Republic of Palau has had a turbulent history over the last 450 years, with many states claiming ownership over them. Since World War II, the Islands came under United Nations' trusteeship and were administered by the United States. After becoming a sovereign state in 1994, Palau joined the UN and ratified the Convention on the Rights of the Child in 1995, the Convention on the Rights of Persons with Disabilities and the optional protocol to the latter in 2013. In 2011, the International Covenant on Civil and Political Rights in 2011 and other core human rights treaties were signed. These treaties are yet to be ratified.
In the United States, a religious freedom bill is a bill that, according to its proponents, allows those with religious objections to oppose LGBT rights in accordance with traditional religious teachings without being punished by the government for doing so. This typically concerns an employee who objects to abortion, euthanasia, same-sex marriage, civil unions, or transgender identity and wishes to avoid situations where they will be expected to put those objections aside. Proponents commonly refer to such proposals as religious liberty or conscience protection.
The Christian Science movement is a religious movement within Christianity founded by Mary Baker Eddy that arose in the mid to late 19th century and that led to the founding of The First Church of Christ, Scientist.
A religious exemption is a legal privilege that exempts members of a certain religion from a law, regulation, or requirement. Religious exemptions are often justified as a protection of religious freedom, and proponents of religious exemptions argue that complying with a law against one's faith is a greater harm than complying against a law that one otherwise disagrees with due to a fear of divine judgment. Opponents of religious exemptions argue that they mandate unequal treatment and undermine the rule of law.
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: CS1 maint: multiple names: authors list (link)Faith-healing mandate nixed from Senate health care reform bill