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The Shepherding Family Experience
Chapter 9 - Legal Considerations
Licensing requirements
Each state has different laws concerning what constitutes a shelter
home, about licensing requirements, and about sheltering minors. If you are serving as a
shepherding home under the authority of an established pro-life organization, this group
should have your states laws researched and be functioning accordingly. If you are
acting autonomously, you should know the legal ramifications of being a shepherding home
before you begin.
Generally, anyone can take one adult into their home without the
need of state licensing. After this, each state sets its own limit on the number of
non-family residents who may reside in a home before a sheltering license is required.
Even if you are within legal limits, you need to consider your personal liability before
proceeding.
If you become licensed as a state foster or shelter home, legal
liability is dealt with through the state agency. If you do not become licensed, there are
still steps you can take to protect yourself against lawsuits. The most important document
you need is a liability release form. This form should be signed by the girl if she is an
adult or by her parents or legal guardian if she is a minor. In both cases, it must be
notarized to be valid. According to one pro-life lawyer, this will provide the best
protection against lawsuits. It does not mean that you cannot be sued, but the document
would deter a lawyer from initiating legal action.
If the girl is a minor, the situation is more complicated. In some
states, it is not even legal to take in a minor unless you have a foster care license. In
Arizona, up to five minors can be taken in at a time without a license. Each case must be
a private agreement between the shepherding home and the girls parents or legal
guardian.
Runaway Minors
Under no circumstances should you house a minor without the consent
of her parents. If she has been reported to the authorities as missing, you would be
harboring a runaway. Legal action could be taken against you. Occasionally, we have had
cases of parents trying to force minors to have abortions. While this is illegal, it is
done all too often. Instead of complying with her parents wishes, the girl runs away to a
shepherding home. At this point, each family must decide what course to take considering
the risks involved. Having faced this situation ourselves, we can offer some guidelines
for your consideration before making the decision.
1. If at all possible, do not pick the girl up and transport her to
your home. In some states, this act would change the violation from a misdemeanor to a
felony.
2. Call a pro-life lawyer and appraise him of the situation. Ask him
about your legal standing.
3. Call your state child welfare service or local law enforcement
agency and relate the situation to them. Doing this is your best protection against
prosecution. Although all states have different laws concerning minors, most would
consider forcing a minor to have an abortion to be emotional abuse. If the parents did not
relent, there may be grounds for placing the girl in a foster home. If she is placed back
with her parents, make sure she knows her legal rights and has someone to call for
assistance if her parents continue to pressure her. The ideal solution would be for you
and the parents to agree that she remain with you through the duration of her pregnancy.
Release Documents
Because of her minor status, a girl cannot sign any legally binding
documents for herself. These must be signed by her parents or legal guardian. If you have
a minor living with you, it is difficult to secure her parents signature on all necessary
documents during her stay. There is a legal method that can be used to allow the
shepherding family to sign for a minor. This ability is extremely important when dealing
with pregnant girls who may need emergency medical care. A document should be drawn up
which simply states that the shepherding family parents have been granted the right by the
girls parents or legal guardian to sign in their absence for needed medical care. If
the girl is attending school, a similar document can be written giving the right to sign
for educational needs. Both of these documents must be notarized to be valid. The
shepherding family wife should carry a copy of these documents at all times for
emergencies. Also, a copy of these documents should be given to the school and to the
medical facility where the girl receives her pre-natal care. These documents do not mean
that you are the "responsible party" for the girl. Even though you have the
authority to sign in specific matters, the parents remain legally responsible for the
debts and actions of their daughter.
Payment of Medical Bills
The question of who will pay the medical costs always arises. If the
girl wishes to adopt out her child, the new parents happily cover all costs in most cases.
It should be noted that if a girl changes her mind about adoption at the last minute, an
urgent problem could develop concerning payment of the bills. An even more difficult
situation can occur in this case if the new parents have already paid some of the
expenses. Rarely is a girl in a position to pay back any part of the money. In any case,
it is important to know about alternate sources of money that may be available to the
girl.
Each state has its own medical assistance program. Accordingly, the
requirements for qualification differ widely. It has been our experience that most adult
young women who are in need of shelter do qualify for assistance. The situation is not
quite so simple if the girl is a minor. If you are serving as a shepherding family for an
established crisis pregnancy service, this group should know the eligibility requirements
in your state. If you are acting independently, you should check with your state social
services to find out if a minor, not living at home, can receive medical assistance. If it
is not possible for her to receive state aid, yet neither can she live at home, then she
can be referred to the state social services, child welfare division. This agency should
be able to place her with a licensed home and provide proper medical care.
At this point, some people may be tempted to pursue a midwife
assisted home delivery due to the reduced cost. From personal experience we must say that
this should not even be considered as an option. Minors in particular should be in a
hospital environment with a qualified doctor and proper emergency equipment. In our
experience alone, two girls have needed emergency treatment during delivery that was only
available at a hospital.
CONTENTS
1. Introduction
2. The Family
3. Rules and Regulations
4. Physical Accommodations
5. The Marriage
6. The Wife
7. The Husband
8. The Children
9. Legal Considerations
10. Health Considerations
11. Caring for the Relinquishing Mother
12. After the Baby is Born
13. Summary
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