In order for there to be a finding of "Constitutional violations", there must be a legal determination which may only be issued in a court of law. There are no provisions for interference of judicial matters by the legislature as we have a well established tripartite form of government. It would be a "Constitutional violation" for the executive branch to make a judicial decision.
The executive branch, where the Department of Health and Human Services is warehoused, does have remedy for administrative adjudication, replete with an appeals division. Well knowing that our government is structured as federalism, meaning states have autonomy, this Bill is structurally unsound as it has no occurrence or remote reference to investigative remedies other than penalizing those who do need these resources.
The term "parent" also includes "legal guardians" and its "wards", meaning the States and children in its care, respectively.
By the time there is an investigation and findings it may be too late as there is a small window for permanency, or in many instances, termination of parental rights.
There must be judicial determination in order for funding to be approved.
The term "parent" also includes "legal guardians" and its "wards", meaning the States and children in its care, respectively.
By the time there is an investigation and findings it may be too late as there is a small window for permanency, or in many instances, termination of parental rights.
There must be judicial determination in order for funding to be approved.
Unfortunately, I am going to keep it real and let you know this is what I call "A Bill of Re-election". Your Representative introduced it to gain votes from your constituency group for re-election and, hopefully, a few dollars in campaign contributions. Many incumbents do this.
U.S. Representative Steve Stockman has taken the first step to open discussions, and I graciously thank him, but has failed to acknowledge that previous, formal requests for investigations to the HHS Office of Inspector General or the Governmental Accountability Office (again) have fallen upon deaf ears as this is solely a matter of Medicaid fraud in child welfare.
Here is the 2011 Senate Hearing on drugging foster children that went absolutely no where.
This is a re-election cycle. Congress will not touch hot-button issues like this unless there is stronger bi-partisan participation and administrative cooperation.
At least it is a start.
2d Session |
To protect the constitutional rights of parents and children.
April 29, 2014
Mr. Stockman introduced the following bill; which was referred to the Committee on Energy and Commerce
To protect the constitutional rights of parents and children.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Parental Protection Act”.
Congress finds:
(1) The rates in the diagnosis of psychiatric disorders in children and the prescription of psychotropic medication to children has increased dramatically in recent years.
(2) Nearly 70 percent of the Diagnostic and Statistical Manual of Mental Disorders (DSM–V) task force members report having ties to the pharmaceutical industry.
(3) Many medical institutions are allowed to include wards of the State in research that presents greater than minimal risk with no prospect of direct benefit for the research subject.
(4) There is a misuse of federally allocated funds to violate the First and Fourteenth Amendment rights of children and wards of the State.
The Department of Health and Human Services shall withhold all monies from State agencies or entities, hospitals, and medical facilities that—
(1) allow research presenting greater than minimal risk to minors, juveniles, or wards of the State;
(2) deny Fourteenth Amendment rights to the parents or child; or
(3) investigate parents or charge them with medical neglect, or remove children from the parents’ custody when in disagreement with a subjective diagnosis involving psychotropic drugs.
The Department of Health and Human Services and the Attorney General shall enforce the provisions of section 4.
The provisions of this Act shall take effect immediately upon enactment.
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