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Criminal Law

: Crime & Federalism

Do Parents Have a Constitutional Right to Kill Children?

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Interesting case out of the Ninth.  Too busy to blog now.  Check it out: Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard of care for the infant?s situation. At the time, the child had been taken to St. Luke?s hospital in Boise, Idaho, by her mother, while her father, Eric Mueller, remained at home to care for the couple?s other child. Detective Rogers intervened at the behest of hospital doctors after the child?s mother, Corissa Mueller, refused to consent to the recommended procedures. Eric Mueller was not given pre-deprivation notice of the detective?s intentions or post-deprivation notice by Detective Rogers, and the Muellers?s child received a medical test and treatment in Eric Mueller?s absence...continue to full post

Full post as published by Crime & Federalism on August 10, 2009 (boomark / email).

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