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Show Serial, 0rdjr &J(wr Univeruity of Uteh Salt Lake City, Utah 8112 i salt lake city, utah VOLUME 15, NUMBER 151 FRIDAY, AUUIJST 6, 1971 Utah Supreme Court Decision Capoule 8 Months After Adoption MOTHER SEEKS RECOVERY OF BABY And the king said, Divide the living child in two, and give half to the one, and half to the other." IX I Kings 3:25 From time when neither the memory nor the knowledge of man runneth to the contrary this type of controversy has been of the Justice J. Alan Crocket, greatest difficulty and perplexity." author of this decision. Trial Court: Judgment in favor of adoptive parents. Appeal: 1) Release and consent signed under duress 2) Proper statutory procedures not followed 3) Disregarding rights and status of natural father" Supreme Court: Affirmed trial court decision 1) . . . freely and voluntarily signs a release and consent for adoption, it is binding the same as any other contract. a child may be relinquished for adop2) . tion either to an agency, or as may be ordered by the court. 3) . . . Natural father" not a party to this proceeding and has no rights herein. Plaintiff counsel: Don R. Petersen, Howard & Lewis, 120 E. 300 N., Provo Defendant counsel: Clyde, Mecham & Pratt, Elliott Lee Pratt, 351 S. State 84111 For complete decision see page 6 ..." CHILD ABUSE REPORT RELEASED BY Survey Findings by Scott H. Clark, a University of Chicago Law Student 434 Medical personnel were surveyed. General pracitioners, ear, nose and throat specialists, orthopedic surgeons, psychiatrists, students and interns at the Utah Medical Center, and hospital emergency personnel. Return rate of 79 per cent from a high among pediatricians of 91.5 per cent to 59 per cent among students. Purpose of the survey was to discover the effectiveness of Utahs mandatory reporting statute, U.C.A. S U.CA. through S which as 1953, amended, requires all persons to report all cases of physical injury as a result of unusual or unreasonable physical abuse or neglect" to the county sheriff, the local city police or the Division of Family Services. Questions sought to determine whether physicians employed any established procedures for verifying suspected abuse cases, and whether such procedures have been inhibited due to the costs involved. Majority of physicians employed some verification procedures. Does Not Interfere Doctors overwhelmingly answered that the reporting of an abuse case does not interfere with the confidential relationship between the patient and his physician. Most indicated that they would report suspected abuse cases instead of or in addition to working with the family themselves. Many physicians would not report the cases if they felt that they could solve the problem themselves or if the abuse was not too serious. The mandatory reporting statute was to enable the physician to report suspected abuse cases without fear of liability and without having to observe repeated incidents so that the child may be protected in case of any doubt. This is important if the abusing parents move from hospital to hospital and from physician to physician. In this regard, question three was designed to reveal with what confidence such cases are reported. About 25 per cent of the physicians will not report any case unless all doubt about the nature of the injuries has disappeared. Avoid Malpractice Physicians readily admit to running extra test to avoid malpractice suits, they seem reluctant to 55-16- -1 55-16-- 6, Thwe Apartments Replace 17th East Hippy Pad do ATTORNEY A GENERAL New the same in equivocal child vate practice and is threatened with the loss of the patient. Physicians are nearly unanimous in their belief that the reporting of suspected child abuse and child neglect cases is an ethical responsi-iblit- Daily Record Columnist once neighborhood by bitterly opposed residents is nearing completion at 651 S. 12th East. We think it will enhance the should be happy with it, said Meeks Wirthlin, the real estate executive who A new apartment complex owns the Mr. Wirthlin added.. Red Tile Accent Ron Molen & Associates were for the architects y apartments in the two e Mediterranean-stylThe buildings. exbrick a white have apartments terior with red tile accent. Existing trees will further enhance the landscaping when completed. Bottom units will have private will pets, By Daniel K. Cunningham y. Of interest was the physicians confusion and division over their legal responsibilities. While the mandatory reporting law has been in effect for two years, some 10 to 30 per cent of the physicians either answered no to the query about a legal duty to report such cases or didnt know if such a duty existed. Pediatricians were overwhelmingly positive (83 per cent) about their legal duty to report. Educating Physicians Suggest basic program educating physicians about the procedures in reporting such cases should be undertaken at once. 50 to 73 per cent of the physicians surveyed felt inadequately protected from legal reprisals by parents angered by a child abuse report. Hospital emergency personnel also felt very vulnerable. Attitude may explain some hospitals current unwillingness to use the reporting forms prepared by the child welfare division of the Division of Family Services. Diagnosis of child abuse is often very difficult since the children involved cannot speak in their own behalf and the physician must rely on the parents story. Complexity of the problem requires the coordinated effort of social workers, attorneys, and police as well as doctors. Fix the responsibility of reports with one agency instead of three (Sheriff, City Police, and Protective Services). Public must be willing to expect inquiries from doctors about the origins of their childrens injuries. Physicians must realize that the welfare of a child is no longer the exclusive concern of his parents and the family doctor but also of the community at large. Risk Losing Physicians must be willing to risk losing a patient in order to safeguard the childs interests. He must also be willing to become involved, Apartments Beautify Neighb orhood on 12th East abuse and child neglect cases, especially where the physician is in pri- Con't on page 8 Battle Won 48 jnits.. Not so long ago nearby neighbors a s were very unhap-i Jk Py to see Mr. ffcwv Wirthlin planning Mr. Cunningham to build apartments on their street. Bitter Struggle Mr. Wirthlin had acquired the land in three transactions several years ago when the area was zoned which allowed apartment construction. Residents protected to city authorities and won a reversal in zoning one of the few times in city history that had happened. Mr. Wirthlin suddenly owned land he could neither build on nor sell for what he had in it. An appeal last year was finally d successful and variance was so construction could begin if buildings plans were reviewed by city planners. Hippies Broke In The apartments should be better than what was there before, Mr. Wirthlin noted. Two old buildings separated by a vacant field were formerly on the property. One of the houses was rented and the other was boarded up and abandoned. We had trouble keeping hippies from breaking into the vacant home. We went back at least once a month to board it up again. Despite the accosional presence of hippy-typethe general neighborhood is a preferred housing area for middle-incom- e families. We think its a good rental area. Its close to the University (of Utah) and we want to appeal to the professional-typ- e person. Young children will not he allowed, nor total-electr- 5, auth-orizbe- s, el two-bedroo- m U.S. Drug Unit Tallies Score Over 10 Months M R-- ic 2l,4-stor- patios and upper-levapartments will have individual balconies. The back building, which has 18 units, will be ready for occupancy in about three weeks. The main building should start renting in late September. Tentative rentals for the one and apartments will range from $140 to $200. - WASHINGTON (ACCN) Atty. Gen. John N. Mitchell has announced that in the past 10 months the Bureau of Narcotics and Dangerous Drugs (BNDD) arrested 367 persons and immobilized 19 clandestine laboratories manufacturing synthetic drugs in the United States. Mitchell said the drugs removed from the illicit market and the laboratory equipment seized represents a total value of $3.2 million. He said BNDD agents confiscated 4 million dosage units of stimulants, 343,000 dosage units of depressants, 2.8 million dosage units of hallucinogens, in addition to 88 pounds of marijuana, 4 pounds of hashish and 17 ounces of cocaine in the possession of the defendants. In addition to the drugs and laboratories, BNDD agents also seized three pill tableting machines in Berkeley, California, one in Cleveland, Ohio, and one in New Orleans, Louisiana. John E. Ingersoll, BNDD director, said that the investigations involved all 13 of BNDD's domestic regional offices with arrests being made in 36 slates. said that many of the laboratories had a worldwide distribution network, reaching as He far as Germany, Australia and England. During the investigations, BNDD agents also seized $13,670 cash, 26 vehicles and 22 weapons. Ingersoll said the production capacity of the laboratories ranged from about 400,000 dosage units per week to about 1,000 dosage units per week. Their size and production capacity required large capital and investments proficient chemists, he said. The laboratories were capable of producing amphetamine, acid met ham phet amine, lysergic deithlamide dimethyltryptamine (LSD), (DMT), phencyclidine (PCP), methylene dioxyamphetamine (MDA) and mescaline extraction. The laboratories were seized in these cities: New Kingston, New York; New York, New York; Palisades Park, New Jersey; Philadelphia, Pennsylvania; Charlottesville, Virginia; Chester, Virginia; Danville, Virginia; East Baton Rouge, Louisiana; Santa Monica, California; Berkeley, San California; Francisco, California; Brooklyn, New York; and San Jose, California. All of the defendants were charged with either illegal manufacture, distribution or possession of dangerous drugs. I |