Children's Healthcare is a Legal Duty
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Children's Healthcare Is a Legal Duty (CHILD) is an American nonprofit membership organization that works to stop
child abuse Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
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 diseases and deaths. CHILD publicizes the ideological abuse and neglect of children, lobbies for equal protection laws for children, and files lawsuits and
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
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
meningitis Meningitis is acute or chronic inflammation of the protective membranes covering the brain and spinal cord, collectively called the meninges. The most common symptoms are fever, headache, and neck stiffness. Other symptoms include confusion or ...
. 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".


History

Rita and Douglas Swan founded CHILD as a legacy to their son, Matthew. In 1977 he became ill with
bacterial meningitis Meningitis is acute or chronic inflammation of the protective membranes covering the brain and spinal cord, collectively called the meninges. The most common symptoms are fever, headache, and neck stiffness. Other symptoms include confusion or ...
. The Swans, Christian Scientists at the time, were persuaded by Christian Scientist practitioners – the religion's name for its
spiritual healers Energy medicine is a branch of alternative medicine based on a pseudo-scientific belief that healers can channel "healing energy" into a patient and effect positive results. Practitioners use a number of names including various synonyms for ...
– 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.Fraser, 1999, pp. 278–291. 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. Following the death of their son, the Swans left the Christian Science Church, 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. In 1998, Rita Swan and Seth Asser published a benchmark study in ''
Pediatrics Pediatrics ( also spelled ''paediatrics'' or ''pædiatrics'') is the branch of medicine that involves the medical care of infants, children, adolescents, and young adults. In the United Kingdom, paediatrics covers many of their youth until th ...
'' 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. 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". 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. 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.


Mission and activities

CHILD'S mission is 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 files lawsuits and amicus curiae briefs in related court cases. CHILD supports: *Laws requiring medical care of children, including preventive and diagnostic measures, without exception for religious belief *Reporting of child abuse and child neglect without religious exemption *Licensing of child care facility, including those run by churches *Ratification of the
UN Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...


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. In 2000, CHILD sued the director of the
Centers for Medicare and Medicaid Services The Centers for Medicare & Medicaid Services (CMS), is a federal agency within the United States Department of Health and Human Services (HHS) that administers the Medicare program and works in partnership with state governments to administer M ...
and the Secretary of the
U.S. Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is " ...
(''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. 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.


Testimony before legislatures

*Oregon Senate Judiciary Committee, 26 April 2011 *Oregon House Judiciary Committee, 21 February 2011 *Wisconsin Assembly Committee on Children and Families, 17 March 2010 *Nebraska State Legislature, Health and Human Services Committee, 25 January 2007 *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 *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


Publications

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Recognition

*
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was founded ...
(AAP): 2012 President's Certificate for Outstanding Service awarded to Rita Swan, MA, PhD for efforts in children's rights to medical care and decades of work with the AAP on these issues. *Iowa Chapter of the Methodist Federation for Social Action: 6 June 2010 Outstanding Social Justice Work Award. *
Omicron Delta Kappa Omicron Delta Kappa (), also known as The Circle and ODK, is one of the most prestigious honor societies in the United States with chapters at more than 300 college campuses. It was founded December 3, 1914, at Washington and Lee University in ...
chapter at Morningside College: 27 April 2003 Honoris Causa Award. *National Association of Counsel for Children (NACC): 2001 Outstanding Legal Advocacy Award received by Rita Swan, MA, PhD for working to protect children from religious-based medical neglect through policy advocacy and amicus curiae work. *Oregon Pediatric Society: 17 June 2000 Child Advocacy Service Award. *Oregon Peace Officers Association Child Abuse and Sex Crimes Investigators: 2 November 1999 Award for Child Advocacy. *The Giraffe Heroes Project: 12 January 1993 Award for Risk-Taking and Service. *
Sioux City Human Rights Commission Sioux City Human Rights Commission is an impartial governmental agency that primarily investigates allegations of discrimination. Other duties include community education and hosting events that promote diversity and the elimination of discriminati ...
: 2 May 1991 Human Rights Service Award. *South Dakota Chapter of the AAP: 14 September 1990 Child Advocacy Service Award.


References


Further reading

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External links

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National Association of Counsel for ChildrenSan Diego Conference on Responding to Child Maltreatment
{{Christian Science Christian Science Lobbying organizations in the United States Organizations established in 1983 Non-profit organizations based in Lexington, Kentucky 1983 establishments in Kentucky