Posted on 12/18/2004 2:53:34 PM PST by Lib Buster
WORLAND (AP) -- The family of a teenage girl who was allegedly given emergency contraception pills under the supervision of a school counselor has filed a claim against Washakie County School District No. 1.
The claim included a dollar amount, but the family's attorney, Larry Berryman, declined to reveal it, the Northern Wyoming Daily News reports.
Berryman said in a prepared statement that the Worland High School student, 15, confided in the ninth-grade counselor that she had sex with a 23-year-old and was afraid of being pregnant.
The counselor made an appointment with the public health office in Worland and took the girl to the office during class time in her own vehicle.
The public health nurse dispensed the prescription-only, "morning-after" pills. "She was returned to the school with the statement by the counselor that what had happened was their secret and they did not have to tell her parents," Berryman said.
"This was done without the knowledge or permission of the parents."
Berryman said he mailed the claim to the state Dec. 10 and the claim was delivered to both the school district and county offices on Monday.
Superintendent Mike Hejtmanek directed questions Thursday to the district's attorney, Bill Shelledy, who declined to comment besides acknowledging that the district had received the claim.
The girl died?
CHAPTER 6
ABORTIONS
35-6-101 Definitions.
(a) As used in the act, unless the context otherwise requires:
(i) "Abortion" means an act, procedure, device or prescription administered to or prescribed for a pregnant woman by any person with knowledge of the pregnancy, including the pregnant woman herself, with the intent of producing the premature expulsion, removal or termination of a human embryo or fetus, except that in cases in which the viability of the embryo or fetus is threatened by continuation of the pregnancy, early delivery after viability by commonly accepted obstetrical practices shall not be construed as an abortion;
(ii) "Accepted medical procedures" means procedures of the type and performed in a manner and in a facility which is equipped with surgical, anaesthetic, resuscitation and laboratory equipment sufficient to meet the standards of medical care which physicians engaged in the same or similar lines of work in the community would ordinarily exercise and devote to the benefit of their patients;
(iii) "Conception" means the fecundation of the ovum by the spermatozoa;
(iv) "Hospital" means those institutions licensed by the state department of health as hospitals;
(v) "Physician" means any person licensed to practice medicine in this state;
(vi) "Pregnant" means that condition of a woman who has a human embryo or fetus within her as the result of conception;
(vii) "Viability" means that stage of human development when the embryo or fetus is able to live by natural or life-supportive systems outside the womb of the mother according to appropriate medical judgment;
(viii) "Woman" means any female person;
(ix) The singular where used herein includes the plural, the plural includes the singular, and the masculine includes the feminine or neuter, when consistent with the intent of this act and when necessary to effect its purpose;
(x) "Minor" means a pregnant woman under the age of eighteen (18), but does not include any woman who:
(A) Is legally married;
(B) Is in active military service; or
(C) Has lived apart from her parents or guardian, has been financially independent and has managed her own affairs for at least six (6) months prior to a proposed abortion.
(xi) "Parents" means both parents of a minor if they are both living, or one (1) parent of the minor if only one (1) is living or if the second parent cannot be located through a reasonably diligent effort;
(xii) "This act" means W.S. 35-6-101 through 35-6-118.
35-6-102 No abortion after viability; exception.
An abortion shall not be performed after the embryo or fetus has reached viability except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.
35-6-103 Viability not affected by abortion.
A physician who performs an abortion procedure employed pursuant to W.S. 35-6-102 shall not intentionally terminate the viability of the unborn infant prior to, during or following the procedure.
35-6-104. Means of treatment for viable abortion.
The commonly accepted means of care shall be employed in the treatment of any viable infant aborted alive with any chance of survival.
35-6-105 Private institutions not required to perform abortions; no liability for refusal to perform abortion.
No private hospital, clinic, institution or other private facility in this state is required to admit any patient for the purpose of performing an abortion nor to allow the performance of an abortion therein. The private hospital, clinic, institution or any other private facility shall inform any prospective patient seeking an abortion of its policy not to participate in abortion procedures. No cause of action shall arise against any private hospital, clinic, institution or any other private facility for refusing to perform or allow an abortion.
35-6-106 Persons not required to perform abortion; no civil liability for refusal; sanctions or discrimination for refusal forbidden.
No person shall, in any way, be required to perform or participate in any abortion or in any act or thing which accomplishes or performs or assists in accomplishing or performing a human miscarriage, euthanasia or any other death of a human fetus or human embryo. The refusal of any person to do so is not a basis for civil liability to any person. No hospital, governing board or any other person, firm, association or group shall terminate the employment of, alter the position of, prevent or impair the practice or occupation of, or impose any other sanction or otherwise discriminate against any person who refuses to perform or participate in any abortion or in any act or thing which accomplishes, performs or assists in accomplishing or performing a human miscarriage, euthanasia or any other death of a human fetus or embryo.
35-6-107 Forms for reporting abortions.
(a) The state office of vital records services shall establish an abortion reporting form which shall be used after May 27, 1977 for the reporting of every abortion performed or prescribed in this state. The form shall include the following items in addition to such other information as may be necessary to complete the form, but in no case shall information be required that would tend to disclose the identity of any individual participating in an abortion:
(i) The age of the pregnant woman;
(ii) The type of procedure performed or prescribed;
(iii) Complications, if any;
(iv) A summary of the pregnant woman's obstetrical history regarding previous pregnancies, abortions and live births;
(v) The length and weight of the aborted fetus or embryo, when measurable;
(vi) Type of facility where the abortion is performed (i.e., hospital, clinic, physician's office, or other).
(b) The form shall be completed by the attending physician and sent to the state health officer as defined in W.S. 9-2-103(e) within twenty (20) days after the abortion is performed.
35-6-108 Compilations of abortions; matter of record; exception.
The state office of vital records services shall prepare and after May 27, 1977 keep on file for seven (7) years compilations of the information submitted on the abortion reporting forms. The compilations shall be available only to a local, state or national public health official or a physician upon his written request. The state health officer, in order to maintain and keep such compilations current, shall file with the reports any new or amended information. The information submitted under W.S. 35-6-107 and compiled under this section shall not be stored in any computer.
35-6-109 Rules and regulations for disposal of bodies and parts thereof.
The state department of health may prescribe rules and regulations for the disposal of the bodies, tissues, organs and parts thereof of an unborn child, human fetus or human embryo which has been aborted.
35-6-110. Penalty for violation of W.S. 35-6-102, 35-6-103 or 35-6-104
Any physician or other person who violates any provision of W.S. 35-6-102, 35-6-103 or 35-6-104 is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.
35-6-111 Penalty for person other than physician to perform abortion.
Any person other than a licensed physician who performs an abortion is guilty of a felony punishable by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years.
35--6-112 Penalty to use means other than commonly accepted medical procedures.
Any person who performs or prescribes an abortion by using anything other than accepted medical procedures is guilty of a felony punishable by imprisonment in the penitentiary for not more than fourteen (14) years.
35-6-113 Penalty for violating W.S. 35-6-106
Any person, firm, corporation, group or association who violates W.S. 35-6-106 is guilty of an offense punishable by a fine of not more than ten thousand dollars ($10,000.00).
35-6-114 Right to damages for discriminatory employment practices for refusal to perform abortion.
Any person or persons injured by any action prohibited in W.S. 35-6-106 may by civil action obtain injunctive relief or damages.
35-6-115 Penalty for giving away a live or viable aborted child for experimentation.
Whoever sells, transfers, distributes or gives away any live or viable aborted child for any form of experimentation is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years. Any person consenting, aiding or abetting such sale, transfer, distribution or other unlawful disposition of an aborted child is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years or both, and shall also be subject to prosecution for violation of any other criminal statute.
35-6-116 Advertising drug or nostrum for procuring abortion or miscarriage.
Whoever prints or publishes any advertisement of any drug or nostrum with intent to obtain utilization of such drug or nostrum for procuring abortion or miscarriage; or sells or gives away, or keeps for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such advertisement, or any account or description, of such drug or nostrum with intent to obtain utilization of such drugs or nostrum to procure abortion or miscarriage, shall be fined not more than one hundred dollars ($100.00), to which may be added imprisonment in the county jail for not more than six (6) months.
35-6-117 Use of appropriated funds for abortion prohibited; exceptions.
No funds appropriated by the legislature of the state of Wyoming shall be used to pay for abortions except when the pregnancy is the result of incest as defined by W.S. 6-4-402 or sexual assault as defined by W.S. 6-2-301 if the assault is reported to a law enforcement agency within five (5) days after the assault or within five (5) days after the time the victim is capable of reporting the assault, or when the life of the mother would be endangered if the unborn child was carried to full term.
35-6-118 Procedure governing abortion performed upon minor.
(a) An abortion shall not be performed upon a minor unless at least one (1) of the minor's parents or her guardian are notified in writing at least forty-eight (48) hours before the abortion, and the attending physician has obtained the written consent of the minor and at least one (1) parent or guardian of the minor, unless:
(i) The minor, in a closed hearing, is granted the right to self-consent to an abortion by court order pursuant to subparagraph (b)(v)(B) of this section and the attending physician receives a certified copy of the court order and the written consent of the minor; or
(ii) The abortion is authorized by court order pursuant to subparagraph (b)(v)(C) of this section and the attending physician receives a certified copy of the court order.
(b) A juvenile court of jurisdiction may grant the right of a minor to self-consent to an abortion or may authorize an abortion upon a minor in accordance with the following procedure:
(i) The minor shall apply to the juvenile court for assistance either in person or through an adult of the minor's choice. The court shall assist the minor in preparing the petition and notices required under this subsection;
(ii) Notwithstanding W.S. 14-6-212, the minor or an adult of the minor's choice shall file a petition with the court, signed by the minor and setting forth:
(A) The initials of the minor and the minor's date of birth;
(B) The names and addresses, if known, of the minor's parents, guardian, custodian or, if the minor's parents are deceased and a guardian or custodian has not been appointed, any other person standing in loco parentis of the minor;
(C) That the minor has been informed by her treating physician of the risks and consequences of an abortion;
(D) That the minor is mature and wishes to have an abortion; and
(E) Facts indicating why an abortion is in the best interest of the minor.
(iii) The court may appoint a guardian ad litem of the minor and may appoint legal counsel for the minor;
(iv) Within five (5) days after the petition is filed under paragraph (ii) of this subsection, a hearing on the merits of the petition shall be held on the record. Any appointed counsel shall be appointed and notified by the court at least forty-eight (48) hours before the time set for hearing. At the hearing, the court shall hear evidence relating to:
(A) The maturity and understanding of the minor;
(B) The nature of the abortion, risks and consequences of the abortion, and alternatives to the abortion; and
(C) Whether an abortion is in the best interest of the minor.
(v) In its order, which shall be issued within twenty-four (24) hours of the hearing, the court shall enter findings of fact and conclusions of law, order the record of the hearing sealed and shall:
(A) Deny the petition, setting forth the grounds on which the petition is denied;
(B) Grant the minor the right to self-consent to the abortion based upon a finding by clear and convincing evidence that the minor is sufficiently mature and adequately informed to make her own decision, in consultation with her physician, independently of the wishes of her parents or guardian; or
(C) Authorize the abortion based upon a finding by clear and convincing evidence that the abortion is in the best interest of the minor.
(vi) Any order entered pursuant to paragraph (v) of this subsection may be appealed by a party to the supreme court in accordance with the Wyoming Rules of Appellate Procedure. Notwithstanding W.S. 14-6-233, the supreme court shall by rule provide for expedited appellate review of appeals under this paragraph.
(c) The provisions of this section shall not apply in an emergency medical situation when, to a reasonable degree of medical probability, the attending physician determines that an abortion is necessary to preserve the minor from an imminent peril that substantially endangers her life, and so certifies in the minor's medical record.
(d) The written notifications required under this section shall be delivered:
(i) Personally by the minor, attending physician or an agent; or
(ii) By certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee.
(e) No parent, guardian or spouse shall require a minor to submit to an abortion against her wishes.
(f) Any physician or other person who knowingly performs an abortion on a minor in violation of W.S. 35-6-118 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.
And you were right--some folks on the forum are being way to testy.
Its Saturday, kids. Go ahead, drink some beer.
There's not much any law can do to protect a legal adult, who lies to family members about the reason she's writhing in pain, crying, and bleeding heavily, and then departs for her boyfriend's house, and fails to seek medical attention until it's way too late. The mode of her death was absolutely identical to those associated with miscarriages that develop complications and don't get timely medical attention. Bleeding or infection resulting from a miscarriage can be deadly if not treated in a timely manner -- makes no difference whether the miscarriage was natural or induced.
A couple of years ago, a girl from a devout Catholic family bled to death in a college dorm bathroom after a miscarriage. She hadn't told her parents she was pregnant because of their religious beliefs, and apparently failed to seek medical attention with the miscarriage in a further effort to hide that she'd ever been pregnant. It had nothing to do with RU-486, but she's just as dead as Holly Patterson.
If it was my daughter the counselor and the 23 year old "perp" WOULD BE DEAD!
Actually, I was thinking of the one where, I do believe, the victim was college student. I think she was older than sixteen, anyway.
In any event, it still wasn't the young lady in THIS story, lol.
Merry Christmas!
No, I mixed up different stories.
See above for my apology. :)
Merry Christmas!
That's a good question.
Logically, I would have to convict, because the father had broken the law. That doesn't mean I wouldn't sympathize with him.
Please, it's not necessary to bite my head off. I made a mistake. You could have pointed it out a bit more nicely.
Thanks.
My "favorite" case was the Louisiana case where a perv had abducted and molested a young boy. When authorities caught the perv they returned him by air and the media covered the return at the airport. The boy's father was at a pay phone in the corridor pretending to be on the phone. When the cops and the perv passed, the father turned and sent the perv to hell with a well-placed shot. The whole thing was even caught on video by the media. Verdict: Not Guilty.
In the state where I live, (1) the counselor would've been required to report the statutory rape, (2) it is against policy for a school employee to transport a student in a personal vehicle without parental permission, and frowned upon in any case, (3) it is against board policy for a student to leave campus during the school day, with or without a school employee, without parental permission.
The public health nurse should also have reported the statutory rape, but there are a lot of things that shouldn't have happened, if the story did happen as the parents believe.
I remember that case very well. I would vote to convict in both instances. The systems sucks sometimes, but I'd rather have one like ours than one where people go around meting out justice as they see fit.
The media often hypes cases without bothering to report all the facts, (and sometimes they don't HAVE all the facts!) and for that simple reason, I would at least let the system do it's job. It's called the presumption of innocence, in case you've forgotten.
FWIW, many of those creeps that end up charged with killing a child usually end up in prison or death row. Prosecuters don't like child killers any more than the rest of us, and try to have all their ducks in a row when the trial comes around.
I can't imagine what my reaction would be if someone had abducted and killed my child, or had otherwise acted in a manner which resulted in death for my child, but I believe in justice, and not at the hands of my neighbors. We don't always get it in the system, but I'd rather do that than have the blood of someone else on my hands.
How would you feel if it turned out that the "perp" hadn't really done it? Say someone else gets caught doing something similar and they find out through DNA testing that THIS guy, rather than the one who was killed, is responsible? I couldn't live with myself. Better to roll the dice with a jury, than pull the trigger, since you can't take the bullet back if you're wrong.
Actually, I think it's mostly for self-protection. If a teacher got into an accident with a student in the car, s/he could be held personally liable, and the student could also claim that the teacher attempted molestation, if the student were malicious. And so on....
Good point. I sometimes forget that lots of kids aren't raised to be honest and forthright, and/or the parents are greedy and want to make a buck.
People get sued over that kind of thing all the time. My grandfather got hit by a lady when he was riding a bike, and her insurance company sued HIM so that they wouldn't have to pay for his medical bills, ect. HA HA That little plan backfired. They had to pay the bills, plus $10,000. He wasn't doing anything wrong, just in the wrong place, wrong time.
Unfortunately, people always threaten to sue. I know that's one reason why my teachers were always stand-offish...they didn't want to be accused of sexual harrassment or worse.
What you say makes sense, but doesn't change my mind. I would still have acquitted the guy. In fact, I admire the father's courage. I know that makes me a not so good person, but I am what I am. And twelve folks in Louisiana agreed with me.
I know that makes me a not so good person, but I am what I am.
____________________________________________________________
I wouldn't say that...I would say it makes you human, same as me. :) We would just handle things differently. My view tends to be a bit more law-and-order than some.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.