Family Rights in Medical Investigations

View the model as adopted by the American Legislative Exchange Council.

When a parent takes a child to the Emergency Room, they should not have to worry that a forensic investigator is hidden among their child’s care team.

When they’re brainstorming what might have happened to their child, they shouldn’t have to worry that every word they say can and will be used against them in a court of law.

But that is exactly the role the Child Abuse Pediatrician plays, often without ever telling the parent who they are or why they are there.

This violates a family’s Fifth Amendment freedom from self-incrimination. Worse, it leads to many false charges of abuse and a lot of poor outcomes for children and families.

This bill reins in CAPs by requiring that they identify themselves and their role in an investigation. It also requires courts to consider equal evidence from other specialists who may testify to other causes of a child’s condition besides abuse.

This model, drafted by a bipartisan coalition of lawyers and family defenders and adopted by ALEC in 2024, is ready to be modified to address these issues in your state.

Read related stories on these pages:

Listen to two EPPiC Broadcast episodes about this here: