The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
Open window until 2016 for expired claims
SOL vs. perp: None
SOL vs. employer: +2 years from majority = Age 20
Majority Tolling: √ – Age 18
Discovery Tolling: √ – Liberal
Age of Consent: 16
Current Criminal SOL in a nutshell
None for most crimes.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
Like many other states, Minnesota has religious exemptions in its civil codes on child abuse, neglect, or failure to report. In addition, Minnesota offers exemptions from from religious immunizations, religious exemptions from physical examinations of school children, statutes excusing students with religious objections from studying about disease in school.
Children’s Healthcare Is a Legal Duty, Bostrom, and Petersen v. Vladeck and Shalala, 938 F. Supp. 1466 (D. Minn. 1996) CHILD v. Vladeck was filed January 19, 1996, in the U. S. District Court of Minnesota as a taxpayers’ suit against the federal government for using Medicare and Medicaid funds to pay for Christian Science nursing. The Christian Science church later entered the case as a defendant-intervenor.
On August 7, 1996, the Court struck down the laws and regulations mandating such payments, declaring them unconstitutional, invalid, and unenforceable.
When Medicare and Medicaid programs were set up in 1965, Congress authorized reimbursements to care facilities accredited by the Christian Science church. The facilities, called “sanatoria” by the government, are staffed by “nurses” who have no state licensure, medical training, or even first aid training. They do not work under supervision of any state-licensed personnel. All sanatoria nurses and administrators must be members of the Christian Science church. All patients must retain Christian Science healers for spiritual “treatments.”
CHILD argued that it was unconstitutional for the government to delegate to a church the power to determine which institutions should receive public money and for the government to pay for “pervasively sectarian” activities.
CHILD’s main concern, however, is that the Medicare/Medicaid reimbursements for Christian Science care facilities encourage endangerment of children. Christian Science nurses cannot take a pulse or use a fever thermometer. They have no training in recognizing contagious diseases. They will not do even simple, non-medical procedures to relieve discomfort, such as applying heat or giving backrubs.
They have been retained to attend sick children and have sat taking notes as the children suffered and died, but they have not called for medical care nor recommended that the parents obtain it. The notes of these nurses indicate that they observed children having “heavy convulsions,” vomiting repeatedly, and urinating uncontrollably. They have seen the children moaning in pain and too weak to get out of bed. They have seen their eyes roll upward and fix in a glassy stare. One Christian Science nurse force-fed a toddler as he was dying of a bowel obstruction.
On January 23, 1997, Attorney-General Janet Reno advised Congress that her office could no longer defend the statutes and regulations mandating public money for Christian Science nursing. In June, however, Senator Orrin Hatch, R-Utah, introduced an amendment mandating payment for “religious non-medical health care” that was added to the budget bill with no discussion and signed into law in August. The amendment repealed the statutes and regulations declared unconstitutional in CHILD’s suit, thus mooting the court’s ruling, and established payments for Christian Science nursing under new statutory language.
CRIMINAL MEDICAL NEGLECT STATUTE
Minnesota statutes allow for religious defenses to felony crimes against children.
Religous Liberty Statute
Religious liberty statute that could put children at risk
No law as of January 2014