An Act to enumerate certain personal and parental rights to the self determination of that person and their health care providers within the State of North Carolina.
SECTION 1
Short Title: “Parents Call The Shots in North Carolina” Act of 2015
SECTION 2
The liberty of persons to direct their own health care, and of parents to direct the health and care of their children is a natural right.
The individual and parental right to direct health care includes the right to choose public, private, religious, or home health care facilities and practices, and the right to make choices governing health care practices and procedures for one’s self and one’s children. No agent or agency of the state may require or forbid any health care coverage, practice, or procedure, or in any way overrule choices made by persons, parents and legal guardians, except as qualified in this act.
SECTION 3
No children may be legally or physically separated from their parents or guardians for any reason, excepting that a felony conviction has confined a parent in prison, a parent's rights have been legally terminated, or the custodian of a child is declared an unfit parent. It is then the duty of the state custodian to immediately transfer custody of the child to the closest living relative able to care for them. No agent or agency of the state may question the child in connection with an ongoing case starting from the beginning of the transfer, until 24 hours after the child has been placed with his family. Any conversations held with the child during this period are inadmissible in court.
SECTION 3.5
For the duration of the period where the child is legally or physically separated from their parents or guardians, all of the below must be followed:
(1) Daily progress reports must be sent to the child's parents or guardians, fully entailing all interactions between the child and all state agents and agencies. The progress report must also include a list of all medical administrations involving the child. A hand written note from the child to the parent must also be attached, if the child agrees. If the child does not agree, a sworn statement admitting such must be signed, dated, and attached The list in Section 3.5 (2) must also be attached.
(2) A list of all state agents and agencies who are directly involved ongoing case must be given to the parent of the child. This list must detail the name of each entity, their official title, their functional relationship with the child, and their phone number and email address. This list must be updated daily, and attached to the daily progress reports. If a parent attempts communication with any state agent or agency provided on this list, and communication is not returned within 2 days, that state agent or agency must be fully removed from the case, and a $250,000 fine shall be enforced.
(3) Weekly court hearings(?) must be held before a jury of peers, in which the ongoing case is discussed. The jury is hereby granted the power to decide to return the child to the parent.
If there is a failure to fully comply with any portion in the above list, (including just missing something in the progress reports...all criminal charges are dropped/return of child?)
SECTION 4
No person may be deprived of the right of consent over any medical treatment, procedure, or preventative treatment or procedure, in the State of North Carolina, and no decision concerning the medical care or treatment of a child may be taken without the full consent of that child's parent, except by proper orders of commitment enacted by parents, legal guardians, and/or holders of medical powers of attorney, and only in full compliance with Section 3 of this Act.
All persons shall be presumed to have the right of self ownership, and the right to self determination in regards to their own medical care, treatment, and the disposition of their physical person. No agent of the state may in any way interfere with the right to medical and physical self determination.
SECTION 5
The State of North Carolina shall not infringe these rights except according to due process, via court order, according to a signed judicial warrant, or in the emergent pursuit of criminal justice, where a parent is a suspect in an ongoing investigation involving a medical related crime, and where the person's whose rights are to be infringed upon is the victim in the same ongoing medical related criminal investigation. No public health or greater good exemptions may be offered against this prohibition. The right of the individual to complete physical self-determination shall always be presumed. The right of a parent to determine the care of their children shall always be presumed.
No agents, or agency of the State of North Carolina nor of any political jurisdiction within the borders of the State of North Carolina shall be permitted to provide aid or material assistance to persons or orders in contravention to the rights enumerated in Sections 1 through 4.
SECTION 6
The enumeration in this Act, of certain rights, shall not be construed to deny or disparage others retained by the people in this State.
SECTION 7
Enacted upon Adoption