The Maine Equal Rights Center campaign, An Act Regarding Parental Consent for Abortions is not about ‘abortion’. It is about protecting underage girls.
Our campaign, An Act Regarding Parental Consent for Abortion is a law that they have been trying to pass in Augusta for years and it doesn't matter if Democrats or Republicans have the majority they will not pass it. Currently under Maine state law if a 45 year old man gets a 13 year old girl pregnant he can give the consent for the abortion so the parents never know it happened. This creates many problems, for example, they will never be able to get their daughter the care she needs from such a trauma, it allows the sexual predator to escape being charged and convicted and allows Planned Parenthood to make hundreds of millions of dollars from it. Our law will stop all this.
Sex with a girl 13 and under is sexual assault and under current state law a parents consent or knowledge is not needed for their little girl to have an abortion because the rapist gives the consent. When you hear that a lot of rapes go unreported this is why. Planned Parenthood not only knows about this but coaches young girls on what to do. If a young girl is raped it is not the result of "bad parenting" and the child shouldn't be accused or blamed for it either. Predators prey on victims. The child's parents must know so they can get their child the best care possible.
Maine‘s “Age of Consent“ law is 16 years of age; that is what our sexual assault and sexual abuse laws are based on. Under 17-A subsection 254 (1)(A) a person is guilty of sexual abuse if they engage in a sexual act with someone that is 15 years old but is 5 years older than the child. The penalty is less than one year in jail. If the sex offender is ten years older than the minor the offender could be sentenced up to ten years in jail. Under 17-A subsection 253 (1) (B) anyone who has sex with a girl 14 or younger is guilty of gross sexual assault and this is punishable by up to 40 years in prison.
Supporting this campaign will do three things.
1. Restore parental rights so parents know who their kids are with, where they are at and what they are doing but also be aware of any behaviors their children may be engaging in that put them in danger so the parents can address and deal with those scenarios. If your children attend public school, you are among those parents whose rights will end the moment your child enters the school. That’s because in 2005 the Ninth Circuit Court of Appeals found in Fields v. Palmdale School District “that the Meyer-Pierce right [of parents to direct the upbringing of their children] does not exist beyond the threshold of the school door.”
2. Improve services provided to parents and their children. While we all think that the government has our best interests at heart but children that are engaging in high risk behaviors are often not going to have the experience or insight to ask the right questions or get the right answers on their own. By allowing the parents to be involved every step of the way we can vastly improve the outcome to the decision making process.
3. Protect children from sex offenders and allow parents to hold sex offenders accountable. There are thousands of documented cases where abortion clinics know that a 13 year old girl was sexually assaulted by older men and the abortion clinics coached the children on how to avoid her parents from finding out. This prevents predators from being held accountable and continue preying on vulnerable girls. This law will stop that because once the parents know they can bring the predator up on charges and convict them for their crime.
Here is how to sum up this issue so that everyone can understand it. Just ask, "The government took away your right to protect your 13 year old daughter from sexual assault and abuse. Do you want your Constitutional rights back to protect your child?"
Below is a screen shot of the summary of the law the Maine Equal Rights Center wrote in response to this latest example government overreach and abuse of power.
Our campaign, An Act Regarding Parental Consent for Abortion is a law that they have been trying to pass in Augusta for years and it doesn't matter if Democrats or Republicans have the majority they will not pass it. Currently under Maine state law if a 45 year old man gets a 13 year old girl pregnant he can give the consent for the abortion so the parents never know it happened. This creates many problems, for example, they will never be able to get their daughter the care she needs from such a trauma, it allows the sexual predator to escape being charged and convicted and allows Planned Parenthood to make hundreds of millions of dollars from it. Our law will stop all this.
Sex with a girl 13 and under is sexual assault and under current state law a parents consent or knowledge is not needed for their little girl to have an abortion because the rapist gives the consent. When you hear that a lot of rapes go unreported this is why. Planned Parenthood not only knows about this but coaches young girls on what to do. If a young girl is raped it is not the result of "bad parenting" and the child shouldn't be accused or blamed for it either. Predators prey on victims. The child's parents must know so they can get their child the best care possible.
Maine‘s “Age of Consent“ law is 16 years of age; that is what our sexual assault and sexual abuse laws are based on. Under 17-A subsection 254 (1)(A) a person is guilty of sexual abuse if they engage in a sexual act with someone that is 15 years old but is 5 years older than the child. The penalty is less than one year in jail. If the sex offender is ten years older than the minor the offender could be sentenced up to ten years in jail. Under 17-A subsection 253 (1) (B) anyone who has sex with a girl 14 or younger is guilty of gross sexual assault and this is punishable by up to 40 years in prison.
Supporting this campaign will do three things.
1. Restore parental rights so parents know who their kids are with, where they are at and what they are doing but also be aware of any behaviors their children may be engaging in that put them in danger so the parents can address and deal with those scenarios. If your children attend public school, you are among those parents whose rights will end the moment your child enters the school. That’s because in 2005 the Ninth Circuit Court of Appeals found in Fields v. Palmdale School District “that the Meyer-Pierce right [of parents to direct the upbringing of their children] does not exist beyond the threshold of the school door.”
2. Improve services provided to parents and their children. While we all think that the government has our best interests at heart but children that are engaging in high risk behaviors are often not going to have the experience or insight to ask the right questions or get the right answers on their own. By allowing the parents to be involved every step of the way we can vastly improve the outcome to the decision making process.
3. Protect children from sex offenders and allow parents to hold sex offenders accountable. There are thousands of documented cases where abortion clinics know that a 13 year old girl was sexually assaulted by older men and the abortion clinics coached the children on how to avoid her parents from finding out. This prevents predators from being held accountable and continue preying on vulnerable girls. This law will stop that because once the parents know they can bring the predator up on charges and convict them for their crime.
Here is how to sum up this issue so that everyone can understand it. Just ask, "The government took away your right to protect your 13 year old daughter from sexual assault and abuse. Do you want your Constitutional rights back to protect your child?"
Below is a screen shot of the summary of the law the Maine Equal Rights Center wrote in response to this latest example government overreach and abuse of power.
Below is the language of the legislation. Due to formatting issues we made the following modifications. All the words and sections that have been underlined have been removed from the law and all the sections that are bold have been added to the law.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA § 152, sub §8, as amended by PL 1999, c. 547, Pt. B, §5 and affected by §80, is repealed.
Sec. 2. 22 MRSA § 1597-A, sub-§§2 to 5, as enacted by PL 1989, c. 573, §2, are amended to read:
2. Prohibitions; exceptions. Except as otherwise provided by law, no person may knowingly perform an abortion upon a pregnant minor unless:
A. The attending physician has received and will make part of the medical record the informed written consent of the minor and one a parent guardian or adult family member.
B. The attending physician has secured the informed written consent of the minor and a parent as prescribed in subsection 3 and the minor, under all the surrounding circumstances, is mentally and physically competent to give consent; or
C. The minor has and a parent received the information and counseling required under subsection 4, has have secured written verification of receiving the information and counseling and the attending physician has received and will make part of the medical record the informed written consent of the minor and parent and the written verification of receiving information and counseling required under subsection 4; or.
D. The Probate Court or District Court issues an order under subsection 6 on petition of the minor or the next friend of the minor for the purpose of filing a petition for the minor, granting:
(1) To the minor majority rights for the sole purpose of consenting to the abortion and the attending physician has received the informed written consent of the minor; or
(2) To the minor consent to the abortion, when the court has given its informed written consent and the minor is having the abortion willingly, in compliance with subsection 7.
3. Informed consent; disallowance of recovery. No physician may perform an abortion upon a minor unless, prior to performing the abortion, the attending physician received the informed written consent of the minor and parent.
A. To ensure that the consent for an abortion is informed consent, the attending physician shall:
(1) Inform the minor and parent in a manner which that in the physicians professional judgment, is not misleading and which that will be understood by the patient minor and parent of at least the following:
(a) According to the physician’s best judgment the minor is pregnant;
(b) The number of weeks of duration of the pregnancy; and
(c.) The particular risks associated with the minor’s pregnancy, the abortion technique that may be performed and the risks involved for both ; and
(2) Provide the information and counseling described in subsection 4 or refer the minor and parent to a counselor who will provide the information and counseling described in subsection 4; and.
(3) Determines whether the minor is, under all the surrounding circumstances, mentally and physically competent to give consent.
B. No recovery may be allowed against any physician upon the grounds that the abortion was rendered without the informed consent of the minor when:
(1) They physician, in obtaining the minors consent, acted in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities; or
(2) The physician has received and acted in good faith on the informed written consent to the abortion given by the minor to a counselor.
4. Information and counseling for minors. The provision of information and counseling by any physician or counselor for any pregnant minor and parent for decision making regarding pregnancy shall must be in accordance with this subsection.
A. Any physician or counselor providing pregnancy information and counseling under this subsection shall, in a manner that will be understood by the minor and parent:
(1) Explain that the information being given to the minor and parent is being given objectively and is not intended to coerce, persuade or induce the minor and parent to choose to either have an abortion or to carry the pregnancy to term;
(2) Explain that the minor or parent may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed;
(3) Clearly and fully explore with the minor and parent the alternative choices available for managing the pregnancy, including:
(a) Carrying the pregnancy to term and keeping the child;
(b) Carrying the pregnancy to term and placing the child with a relative or with another family through foster care or adoption;
(c.) The elements of prenatal and postnatal care; and
(d) Having an abortion;
4. Explain that public and private agencies are available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests and parent request; and
5. Discuss the possibility of involving the minor’s parents, guardian or other adult family members in the minor’s decision making concerning the pregnancy and explore whether the minor believes that involvement would be in the minor’s best interests; and
6. Provide adequate opportunity for the minor and parent to ask any questions concerning the pregnancy, abortion, child care and adoption, and provide the information the minor seeks and parent or, if the person cannot provide the information, indicate where the minor and parent can receive the information.
B. After the person provides the information and counseling to a minor and parent as required by this subsection, that person shall must have the minor and parent sign and date a form stating that:
(1) The minor has and parent have received information on prenatal care and alternatives to abortion and that there are agencies that will provide assistance;
(2) The minor has and parent or have received an explanation that the minor and parent may withdraw an abortion decision or reconsider a decision to carry a pregnancy to term;
(3) The alternatives available for managing the pregnancy have been clearly and fully explored with the minor and parent;
(4) The minor has and parent have received an explanation about agencies available to provide birth control information; and
(5) The minor has discussed with the person providing the information and counseling the possibility of involving the minor’s parents, guardian or other adult family members in the minor’s decision making about the pregnancy;
(6) The reasons for not involving the minor’s parents, guardian or other adult family members are put in writing on the form by the minor or the person providing the information and counseling; and
(7) The minor has and parent have been given an adequate opportunity to ask questions.
The person providing the information and counseling shall also sign and date the form, and include that person’s address and telephone number. The person shall keep a copy for that person’s files and shall give the form to the minor and parent or, if the minor or parent requests and if the person providing the information is not the attending physician, transmit the form to the minor’s attending physician.
5. Presumption of validity of informed written consent; rebuttal. An informed consent which that is evidenced in writing containing information and statements provided in subsection 4 and which that is signed by the minor shall be and parent or guardian is presumed to be a valid informed consent. This presumption may be subject to rebuttal only upon proof that the informed consent was obtained through fraud, deception or misrepresentation of material fact.
Sec. 3. 22 MRSA § 1597-A, sub-§6, as enacted by PL 1989, c. 573,§2, is repealed.
SUMMARY
This initiated bill amends the laws governing a minor’s decision to have an abortion as follows.
1. Current law requires informed written consent of a minor and one parent, or guardian or adult family member in order for a minor to obtain an abortion. This bill eliminates the ability of a guardian or adult family member to provide such consent and instead requires the informed written consent of the minor and a parent or guardian.
2. It requires that the minor’s parent or guardian also receive the information and counseling that is required under current law to be provided to minors.
3. As part of that information to minors under current law, they physician or counselor must explain to the minor that she may withdraw her decision to have an abortion prior to the performance of the abortion. This bill requires an explanation to the minor and the parent or guardian that the minor or parent or guardian may withdraw the decision to have an abortion prior to the performance of the abortion.
4. It eliminates the requirement that the attending physician determine that the minor is mentally and physically competent to give consent.
5. Current law provides that no recovery may be allowed against a physician on the grounds that the abortion was rendered without informed consent if the physician has acted in good faith and in accordance with the accepted standards of practice. This bill eliminates that provision.
6. It requires that the minor and parent or guardian to sign a form stating that the minor and parent or guardian have received an explanation that the minor and parent or guardian may withdraw the decision to have an abortion.
7. It repeals the provision that allowed the court to issue and order for the purpose of consenting to an abortion to be performed on a minor.
Sec. 1. 4 MRSA § 152, sub §8, as amended by PL 1999, c. 547, Pt. B, §5 and affected by §80, is repealed.
Sec. 2. 22 MRSA § 1597-A, sub-§§2 to 5, as enacted by PL 1989, c. 573, §2, are amended to read:
2. Prohibitions; exceptions. Except as otherwise provided by law, no person may knowingly perform an abortion upon a pregnant minor unless:
A. The attending physician has received and will make part of the medical record the informed written consent of the minor and one a parent guardian or adult family member.
B. The attending physician has secured the informed written consent of the minor and a parent as prescribed in subsection 3 and the minor, under all the surrounding circumstances, is mentally and physically competent to give consent; or
C. The minor has and a parent received the information and counseling required under subsection 4, has have secured written verification of receiving the information and counseling and the attending physician has received and will make part of the medical record the informed written consent of the minor and parent and the written verification of receiving information and counseling required under subsection 4; or.
D. The Probate Court or District Court issues an order under subsection 6 on petition of the minor or the next friend of the minor for the purpose of filing a petition for the minor, granting:
(1) To the minor majority rights for the sole purpose of consenting to the abortion and the attending physician has received the informed written consent of the minor; or
(2) To the minor consent to the abortion, when the court has given its informed written consent and the minor is having the abortion willingly, in compliance with subsection 7.
3. Informed consent; disallowance of recovery. No physician may perform an abortion upon a minor unless, prior to performing the abortion, the attending physician received the informed written consent of the minor and parent.
A. To ensure that the consent for an abortion is informed consent, the attending physician shall:
(1) Inform the minor and parent in a manner which that in the physicians professional judgment, is not misleading and which that will be understood by the patient minor and parent of at least the following:
(a) According to the physician’s best judgment the minor is pregnant;
(b) The number of weeks of duration of the pregnancy; and
(c.) The particular risks associated with the minor’s pregnancy, the abortion technique that may be performed and the risks involved for both ; and
(2) Provide the information and counseling described in subsection 4 or refer the minor and parent to a counselor who will provide the information and counseling described in subsection 4; and.
(3) Determines whether the minor is, under all the surrounding circumstances, mentally and physically competent to give consent.
B. No recovery may be allowed against any physician upon the grounds that the abortion was rendered without the informed consent of the minor when:
(1) They physician, in obtaining the minors consent, acted in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities; or
(2) The physician has received and acted in good faith on the informed written consent to the abortion given by the minor to a counselor.
4. Information and counseling for minors. The provision of information and counseling by any physician or counselor for any pregnant minor and parent for decision making regarding pregnancy shall must be in accordance with this subsection.
A. Any physician or counselor providing pregnancy information and counseling under this subsection shall, in a manner that will be understood by the minor and parent:
(1) Explain that the information being given to the minor and parent is being given objectively and is not intended to coerce, persuade or induce the minor and parent to choose to either have an abortion or to carry the pregnancy to term;
(2) Explain that the minor or parent may withdraw a decision to have an abortion at any time before the abortion is performed or may reconsider a decision not to have an abortion at any time within the time period during which an abortion may legally be performed;
(3) Clearly and fully explore with the minor and parent the alternative choices available for managing the pregnancy, including:
(a) Carrying the pregnancy to term and keeping the child;
(b) Carrying the pregnancy to term and placing the child with a relative or with another family through foster care or adoption;
(c.) The elements of prenatal and postnatal care; and
(d) Having an abortion;
4. Explain that public and private agencies are available to provide birth control information and that a list of these agencies and the services available from each will be provided if the minor requests and parent request; and
5. Discuss the possibility of involving the minor’s parents, guardian or other adult family members in the minor’s decision making concerning the pregnancy and explore whether the minor believes that involvement would be in the minor’s best interests; and
6. Provide adequate opportunity for the minor and parent to ask any questions concerning the pregnancy, abortion, child care and adoption, and provide the information the minor seeks and parent or, if the person cannot provide the information, indicate where the minor and parent can receive the information.
B. After the person provides the information and counseling to a minor and parent as required by this subsection, that person shall must have the minor and parent sign and date a form stating that:
(1) The minor has and parent have received information on prenatal care and alternatives to abortion and that there are agencies that will provide assistance;
(2) The minor has and parent or have received an explanation that the minor and parent may withdraw an abortion decision or reconsider a decision to carry a pregnancy to term;
(3) The alternatives available for managing the pregnancy have been clearly and fully explored with the minor and parent;
(4) The minor has and parent have received an explanation about agencies available to provide birth control information; and
(5) The minor has discussed with the person providing the information and counseling the possibility of involving the minor’s parents, guardian or other adult family members in the minor’s decision making about the pregnancy;
(6) The reasons for not involving the minor’s parents, guardian or other adult family members are put in writing on the form by the minor or the person providing the information and counseling; and
(7) The minor has and parent have been given an adequate opportunity to ask questions.
The person providing the information and counseling shall also sign and date the form, and include that person’s address and telephone number. The person shall keep a copy for that person’s files and shall give the form to the minor and parent or, if the minor or parent requests and if the person providing the information is not the attending physician, transmit the form to the minor’s attending physician.
5. Presumption of validity of informed written consent; rebuttal. An informed consent which that is evidenced in writing containing information and statements provided in subsection 4 and which that is signed by the minor shall be and parent or guardian is presumed to be a valid informed consent. This presumption may be subject to rebuttal only upon proof that the informed consent was obtained through fraud, deception or misrepresentation of material fact.
Sec. 3. 22 MRSA § 1597-A, sub-§6, as enacted by PL 1989, c. 573,§2, is repealed.
SUMMARY
This initiated bill amends the laws governing a minor’s decision to have an abortion as follows.
1. Current law requires informed written consent of a minor and one parent, or guardian or adult family member in order for a minor to obtain an abortion. This bill eliminates the ability of a guardian or adult family member to provide such consent and instead requires the informed written consent of the minor and a parent or guardian.
2. It requires that the minor’s parent or guardian also receive the information and counseling that is required under current law to be provided to minors.
3. As part of that information to minors under current law, they physician or counselor must explain to the minor that she may withdraw her decision to have an abortion prior to the performance of the abortion. This bill requires an explanation to the minor and the parent or guardian that the minor or parent or guardian may withdraw the decision to have an abortion prior to the performance of the abortion.
4. It eliminates the requirement that the attending physician determine that the minor is mentally and physically competent to give consent.
5. Current law provides that no recovery may be allowed against a physician on the grounds that the abortion was rendered without informed consent if the physician has acted in good faith and in accordance with the accepted standards of practice. This bill eliminates that provision.
6. It requires that the minor and parent or guardian to sign a form stating that the minor and parent or guardian have received an explanation that the minor and parent or guardian may withdraw the decision to have an abortion.
7. It repeals the provision that allowed the court to issue and order for the purpose of consenting to an abortion to be performed on a minor.
