Child Custody Protection Act--Continued

CHILD CUSTODY PROTECTION ACT--Continued -- (Senate - July 25, 2006)

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Ms. MURKOWSKI. Mr. President, I rise today to speak on the Child Custody Protection Act. I support the intent of the act, which seeks to protect the health and safety of pregnant minors, as well as the rights of parents to be involved in the medical decisions of their minor daughters. However, I believe this act might have gone further in protecting young women in situations of family abuse or incest.

As a parent of two, I understand the importance and centrality of family, and an essential element of that: the parent-child relationship. The Supreme Court noted in Planned Parenthood v. Casey that parental involvement laws related to abortions ``are based on the quite reasonable assumption that minors will benefit from consultation with their parents and that children will often not realize that their parents have their best interests at heart.'' It is important that, to the extent possible, a young woman be able to consult with her family before making the decision to have an abortion.

Unfortunately, some young women, particularly victims of incest or family violence, cannot safely involve parents in their decision to obtain an abortion. In such a circumstance, as my colleagues have rightfully pointed out, the minor girl could seek a judicial bypass, which would allow the girl to petition a judge to waive the parental involvement law. The bypass is intended for situations of incest or family abuse, and would allow for the involvement of appropriate state authorities, making it more likely that the minor girl will be removed from the abusive situation and that the abuser will be brought to justice. The bypass option is fundamental to the rights of the minor, and exists to protect her safety.

Constitutional law requires a parental consent law to contain a judicial bypass provision. However, the circuit courts are divided as to whether parental notification laws also must contain a judicial bypass. I am concerned for those girls who are in an abusive family situation and who reside in states that could enact a parental notification law without a bypass option. I believe something must be done to strengthen the bypass requirements in this bill to ensure the protection of minor girls with abusive families.

Given the unanimous consent agreement, I do not have the opportunity to amend the Child Custody and Protection Act on the floor in order to strengthen the bypass option in cases of parental notification. I will look to my colleagues in conference to consider adding a provision that would ensure, with respect to parental notification, that minor girls in incestuous or family abusive situations be able to seek a bypass, whether it be the judicial bypass or, as in Utah, the medical bypass, which permits a physician to waive the parental notification requirement in cases of incest or family abuse. The physician must also notify State authorities.

It is right to protect pregnant girls and their families from those who do not have the minor girl's best interest at heart. Mr. President, I only ask that everything be done to protect the health and safety of those minor girls seeking an abortion who feel they cannot safely turn towards their family.

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