Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy

Abstract

Authors examine Wisconsin's recent revision of its child abuse and protection laws to address substance abuse by pregnant women. The new statute enables the state to take the fetus into protective custody. Authors argue that approaching fetal protection using a child abuse model creates a series of symbolic, conceptual, and practical problems of such severity as to undermine its justifiability as a public health measure.

The Role of Children’s Court in Parental Responsibility and Child Maintenance: A Comparative Study of England and Kenya Children’s Court

“…According to Kopelman and Deville, the State's forceful involvement in the prerogatives of parents is justifiable for the sake of society and children when there is clear proof that the acts or decisions of parents pose a substantial risk to children [5]. Furthermore, Sher points out that negligence, which is the foundation for the State's intervention in many healthcare instances, is not always the case; [17] failure to offer a minimal level of care that the community can endure has been defined.…”

“…But when the children are involved, some other factors must be considered because a child is incapable of making judgments for himself, and the State is obligated to protect such a person from abuse of his rights when he grows older and disregards those religious views." 5 Health workers tendering to children have often moved the courts for an advisory opinion on the best way to ensure that they (children) fully get the needed medical attention, while at the same time, the health worker is not going against the rights of parents to the child, the courts have always complied, however, in case of an emergency that requires a fast response to save the life of a minor, moving the Court in time may not be possible, especially where the judicial system is slow in giving directives. The question then becomes, are there alternatives to judicial procedures in the child's emergency health situation?…”

The Ethical and Public Health Implications of Family Separation

“…26 The right to consent includes the right to refuse or discontinue treatments, even those that may be life-sustaining. 27 Courts have specifically recognized the "natural rights" of parents to make medical decisions for their children. 28 Every U.S. state, however, provides for termination of parental rights by a court.…”

Counseling Psychology and Reproductive Justice: A Call to Action

“…Women who seek medical treatment from their physicians may now have to consider if they will be required to submit to “random” drug tests, and whether the results of these tests will be used to build a legal case against them. Not only does this blur the lines of privacy and confidentiality, but it may deter pregnant women from seeking appropriate and necessary prenatal care for fear of retribution (De Ville & Kopelman, 1999; Hall et al, 2015).…”