HB 1107 - protection measure for the unborn
Roger Hunt is the prime sponsor of HB 1107, a fairly innocuous measure which is called "An Act to clarify the application of certain statutes for the protection of abused or neglected children," and amends 26-8A-2. Pretty simple, wouldn't you think?
Except look at the sole change to the law in the measure:
So, this measure provides protection to the unborn in the case of pre-natal abuse because of alcohol or any controlled drug. It remains to be seen if this ends up as a controversial measure this session, or if it's viewed as a reasonable measure to protect children.
Except look at the sole change to the law in the measure:
26-8A-2. In this chapter and chapter 26-7A, the term, abused or neglected child, means a child:
and...
(9) Who is, as an unborn child, or was subject to prenatal exposure to abusive use of alcohol or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B; (bold part is the addition to the statute)
So, this measure provides protection to the unborn in the case of pre-natal abuse because of alcohol or any controlled drug. It remains to be seen if this ends up as a controversial measure this session, or if it's viewed as a reasonable measure to protect children.
Comments
The "unborn child" part needs to be in the law.
It is our moral responsibility to protect the unborn child from alcohol and drug abuse.
If the mother puts her unborn child in danger then we must step in and stop the abuse! Simple as that!
If someone kills a womam carrying a baby and that is murder and the perp is charged with a double murder then what is the difference if a pg woman is abusing drugs while pg and the baby dies or is harmed in the process?
Someone correct me if i am wrong: Didn't this type of meassure come up at the national level a few years ago?
I like the idea of this HB 1107 to prevent abuse even during pregnancy. But how in the world would that be enforced? Would the pregnant lady be locked up to keep her away from booze, smokes, drugs during pregnancy? I don't think that's the answer either BTW.
My main comment was about the Peterson case vs the "other". I don't really see a difference. I think we may be on the same page.
Then I must also ask, if abortion will always happen even if illegal what should be done about those cases? Send them all to prison at taxpayer exp? Okay so please not harp for asking. It is something to ponder considering there are cases when a baby dies and must be removed. Sad but true.
I wonder. If a woman smokes one ciggy, would the cops toss her in jail and take her child away from her?
What about second-hand smoke. Will the father be tossed in the pokey for that?
How about family members? Friends, other relatives? Will we have to thrown everyone in jail for even giving a pregnant woman a funny look?
It bestows rights upon an unborn child to protection from "abuse or neglect."
Read the other provisions within SDCL 26-8A and you will begin to understand the huge can of worms which Rep. Hunt hopes to open.
For starters, it includes an obligation to report abuse or neglect. Failure to do so is a Class 1 misdemeanor.
Those obligated to report include "physician, dentist, doctor of osteopathy, chiropractor, optometrist, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, chemical dependency counselor, coroner ... "