Posts Tagged ‘Parental Consent Act’

CCHR STL MO Legislative Take Action

Thursday, February 18th, 2016

Legislative Take Action

Periodically we let you know the progress of various proposed legislation making its way through the Missouri General Assembly and suggest ways for you to contribute your viewpoint to your state Representative and state Senator.

This time, we’d like to discuss SJR 38 and HB 1755.
Contact your Missouri state Representative and Senator, and let them know what you think about these. We suggest supporting these two bills.  You can find your Representative and Senator, and their contact information, by entering your 9-digit zip code here.
SJR 38 (Senate Joint Resolution)
Creates a new constitutional provision relating parental rights
Introduced by Senator Kurt Schaefer (R-19). Read the full text here.
This proposed constitutional amendment, if approved by the voters, declares that every parent has a fundamental right to exercise exclusive control over all aspects of their minor children’s lives without governmental interference, including but not limited to, decisions regarding their minor children’s custody, upbringing, education, religious instruction, discipline, physical and mental health care, and place of habitation. This fundamental right does not extend to any action by the parent that threatens clear, immediate, and substantial physical injury to their minor child, nor permit a parent to compel a minor child to have an abortion.
This amendment also declares that every parent has a fundamental right to require government entities to obtain the parent’s explicit permission before soliciting or sharing information obtained from a minor child about the child or the child’s family, unless the information is obtained during a criminal investigation or, if enrolled in public school, the child’s knowledge of academic subjects.
This amendment guarantees that every parent shall have the fundamental right to decide what educational settings in which to place their child.
This amendment lists several circumstances in which government interference with parental rights will be justified, including: (1) when protecting a child from a clear, immediate, and substantial threat of physical injury; (2) when a parent has been found by a court to have knowingly exposed a child to physical neglect, abandonment, reckless endangerment, or sexual or physical abuse; (3) when a parent has been found by a court to be incapacitated or mentally incompetent; (4) when a child has been emancipated by court order in accordance with state statutes; (5) when a court has assumed jurisdiction over a minor child charged with or convicted of violating a criminal statute; and (6) when a court of law has assigned parental rights to one parent or a non-biological parent as a result of mental incompetence, adoption, or marital dissolution.
Finally, this amendment permits any parent whose rights have been adversely affected to challenge the constitutionality of the infringing law, policy, or other government act and seek damages and attorney’s fees.
HB 1755 (House Bill)
Specifies that parental liberty to direct the upbringing, education, and care of his or her children is a fundamental right not subject to infringement without demonstrating a compelling governmental interest
Introduced by Representative Kurt Bahr (R-102). Read the full text here.
This bill specifies that the liberty of a parent to direct the upbringing, education, and care of his or her child is a fundamental right. The State of Missouri and any political subdivision of the state is prohibited from infringing on this right without demonstrating a compelling governmental interest. Any law or policy must be narrowly tailored and by the least restrictive means to achieve the interest. These provisions apply to all laws of the state, whether adopted before or after the enactment of these provisions. Any law adopted after the enactment of these provisions is exempt only if the law explicitly excludes the application by reference to these provisions.
Let us know that you contacted your state legislators and let us know any response you get.

 

Missouri HB 1987 TAKE ACTION

Saturday, March 31st, 2012

We are delighted to report that Missouri State Representative Mike Leara (Republican, District 095 – Sunset Hills, Crestwood, Fenton and Grantwood Village in St. Louis County) introduced House Bill 1987 with the stated purpose to establish requirements for parental consent for mental health screenings in school and the use of psychotropic medications with children in the custody of the Department of Social Services.

The full text of the bill can be read here. Here are some pertinent quotes:

“The use of educational settings to screen children and adolescents for mental disorders has led to parents not being given sufficient information about the purpose of such screenings, the ramifications if they consent, such as mandatory psychological or psychiatric treatment for their child and family, thereby violating the recognized requirements and standards regarding full informed consent.”

“Based on the subjective nature of the mental health diagnostic system and mental health screenings, millions of children are prescribed antidepressants or stimulants recognized by leading drug regulatory agencies as causing suicidal behavior, suicide, violence, hostility and in the case of stimulants, the potential for strokes and heart attacks.”

“The department of elementary and secondary education shall prohibit the use of schools for any mental health or psychological screening or testing of any student, whether a nonemancipated minor or emancipated minor without the express written consent of the parent or guardian.”

“On or before January 1, 2013, the department of social services shall promulgate rules or amend any current rules to establish and maintain standards and procedures to govern the administration of psychotropic medications.”

ANALYSIS

This is a particularly valuable piece of legislation as it reflects the growing awareness and concern of parents about the harm done to their children by mental health screenings and psychotropic drugs in schools, and the indiscriminate administration of harmful and addictive psychotropic drugs to children in the foster care system.

TAKE ACTION

Please thank Representative Leara for his efforts and let Representative Leara know that you support this legislation, and write your own Missouri State Representative urging them to bring it through Committee and to a vote on the floor.

If you do not live in Missouri, then forward this proposed legislation to your own state representatives and urge them to sponsor and enact similar legislation.

FURTHER INFORMATION

For more information about the harm caused by mental health screenings and psychotropic drugs, visit the CCHR STL web site.

Illinois Public Act 097-0245

Tuesday, November 15th, 2011

Illinois Public Act 097-0245, signed into law on 4 August 2011, creates the Administration of Psychotropic Medications to Children Act, requiring the Illinois Department of Children and Family Services (DCFS) to create and publish rules establishing and maintaining standards and procedures to govern the administration of psychotropic medications to children in its care.

Recognizing that drugging children under state care has been problematic, one of the provisions of this law prohibits the administration of psychotropic medications to persons for whom the Department is legally responsible as punishment for bad behavior, for the convenience of staff or caregivers, or as a substitute for adequate mental health care or other services.

Furthermore, DCFS must identify the name and dosage of psychotropic drugs administered to children along with any negative side effects.

This is a positive step forward for Illinois. Other states should seriously consider implementing safeguards against harmful child drugging by their respective Children and Family Services departments.

We also suggest supporting the federal Parental Consent Act introduced by Congressman Ron Paul, a bill which prohibits federal funds from being used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program.

Model Legislation to prevent a range of psychiatric abuses should also be distributed to your state representatives, urging them to incorporate these safeguards against psychiatric fraud and abuse into your state laws.