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MDHHS was sued in 2018 for retaining blood spots without parental consent. Today, MLive reports most minimally on the final court ruling against decades-long MDHHS practices.
Judge finds Michigan violates Constitution by keeping babies’ blood without parents’ consent
Published: Aug. 01, 2023, 7:25 a.m.
BAY CITY, MI — Owing to a federal judge’s ruling, the state of Michigan must no longer keep nine babies’ blood on file without their parents’ consent. The order sets a precedent that could have ramifications throughout the country.
Since the 1960s, Michigan has collected drops of newborns’ blood for testing of various medical conditions. In doing so, the Michigan Department of Health and Human Services has diagnosed about 0.2-0.25% of newborns with at least one of 58 disorders.
Cole Waterman is a public safety reporter for MLive. He predominantly covers crime in Saginaw and Bay counties. He attended Delta College and Saginaw Valley State University. He has been a reporter with MLive since January 2008.
Fortunately, ABC 12 News out of Bay City fills in more detail.
Judge: Part of state's newborn blood screening violates children's rights
Jul 31, 2023 Updated 10 hrs agoSAGINAW COUNTY, Mich. (WJRT) A judge has once again found key parts of Michigan's newborn blood-testing program unconstitutional.
It's a case that we first told you about in 2018 as a lawsuit was brought by four Mid-Michigan parents.
This new ruling by U.S. District Court Judge Thomas Ludington says that the Fourth Amendment rights of nine children were violated.
Under the Newborn Screening Program, the state of Michigan collects samples of newborn babies' blood and tests it for various medical conditions. What happens to those blood samples after the testing is the focus of his decision.
Michigan must have permission from parents to use spots for outside research. But attorney Phil Ellison has argued the request for consent was "misleading, it was incomplete and didn't have all the details."
Ellison says those blood samples are stored at the Michigan Neonatal Biobank in Detroit, which then sells them for research and lets law enforcement get access to them, which many parents don't realize.
Ludington in the past has ruled the constitutional rights of the four parents named in the lawsuit were violated, and now he is says the children's rights were violated as well.
The judge wants the state to give the plaintiff's options, which include returning the infants' blood samples and data or destroying their blood samples and data.
Ellison said Ludington "got the decision absolutely correct and this restores the right to make decisions about children back into the hands of moms and dads."
The Michigan Department of Health and Human Services could appeal this ruling and they were looking into what was next for this newborn baby screening program, but they did not release a response Monday.
Terry Camp anchors ABC12 News First at Four and ABC12 News at 5:30. He also reports on issues in the Great Lakes Bay Region.
In 2019, Concerned Citizens for Health Freedom reported on the appalling MDHHS Bio-Bank practices, and the previous decision that sent this case back and definded parental and individual pricacy rights.
https://www.cchfreedom.org/cchf.php/1542/
“We applaud yesterday’s federal appeals court ruling on retention and use of newborn DNA. The Sixth Circuit Court of Appeals recognized the fundamental and Fourth Amendment rights of parents to protect their children’s DNA from state retention, transfer to a biobank, and long-term storage and remanded it back to the federal district court ‘for further proceedings consistent with this opinion.’
“The court is rightly concerned about the state of Michigan storing, using and sharing newborn DNA for purposes beyond the initial detection and treatment of newborn conditions that are life-threatening. And the parent-plaintiffs are rightly concerned about a state-funded biobank that holds newborn DNA in perpetuity for the purpose of conducting genetic research using newborn DNA without consent or with consent under duress. As a 2013 study found,
'Formally marketing double de-identified newborn screening dried blood spots (DBS) for health research, Michigan is home to one of the largest biobanks in the United States. Run by the Michigan Department of Community Health, the BioTrust offers a collection of biospecimens whose size, unbiased sampling and linkability to public health data make it a ‘goldmine’ [2] for public health assessment and a potential key to important health questions.'
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