Couple battles for parental rights

Couple battles for parental rights - Couple battles for...

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Couple battles for parental rights Suit by ex-Boiseans whose baby was taken for medical care they opposed may set national precedent By Patrick Orr - Idaho Statesman Edition Date: 03/19/07 A former Boise couple and their D.C.-based lawyer hope an upcoming jury trial will change the way Idaho treats parents who want to make medical decisions for their children and possibly become part of a national referendum on parent's rights. A federal judge already has ruled that Corissa and Eric Muellers' civil rights were violated in 2002 when a Boise police officer took custody of their infant daughter so a doctor could perform a spinal tap to check for meningitis against their wishes. U.S. District Judge B. Lynn Winmill determined the U.S. Constitution protects the rights of parents to make almost all medical decisions for their children. But Winmill left several issues for a jury to decide, including whether an emergency room doctor exaggerated the infant's illness to get police to declare her in "imminent danger" or if the system set up in Boise to determine imminent danger in medical cases is flawed. A trial date could be set later this week. The Muellers, who now live in Utah, say they are eager for their civil trial to proceed against Saint Luke's Boise Regional Medical Center, the state of Idaho and the city of Boise. Terence Pell of the Washington, D.C.-based Center for Individual Rights represents the Muellers in their lawsuit and calls Winmill's ruling a landmark decision for parents' rights in Idaho. "This decision leaves no doubt that Idaho and Boise procedures are seriously flawed and will have to be corrected," he said. Who decides? Pell said he hopes the case will move into the national arena that Winmill's decision is one of the first that directly takes on the issue of whether government agencies can override parents' decisions on their children's care. It could be precedent-setting, he said, especially if
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This note was uploaded on 09/02/2011 for the course GEN BUS 202 taught by Professor Parks during the Fall '11 term at Boise State.

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Couple battles for parental rights - Couple battles for...

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