On The Front Lines
Tulsa Parents Sue Head Start Over Unauthorized Genital Examinations of Three- to Five-Year-Old Children
Rutherford Institute Attorneys Present Oral Arguments Before Tenth Circuit Court of AppealsDENVER, Co.-- Rutherford Institute attorneys will present oral arguments before the Tenth Circuit Court of Appeals in Denver on January 13, 2003, at 9:00 a.m., MT, over the dismissal of a lawsuit against Tulsa, Oklahoma officials and the Tulsa affiliate of Head Start. The lawsuit charges that government officials conducted genital examinations on four- and five-year-old children without their parents' knowledge or consent. The U.S. District Court for the Northern District of Oklahoma dismissed the lawsuit in May 2001, despite stating in a ruling a year earlier that the lawsuit "raises serious privacy concerns." In their appeal, Rutherford Institute attorneys argue that the examinations constituted unreasonable searches and seizures in violation of the Fourth Amendment and that the defendants' actions violated the parents' constitutional right to direct their children's medical treatment. The case will be the first court case heard by recent Bush appointee Michael McConnell.
On November 5, 1998, two nurses arrived at the Head Start program in Tulsa to examine the children enrolled in the program, who were all between the ages of three and five. One nurse took blood samples while the other conducted the physical examinations. The second nurse placed the children on a floor mat atop a school desk, removed the children's undergarments and proceeded to examine their genitals. During the procedure, some of the children cried. One child asked for his mother to accompany him during the exam, but the nurse refused. Misti Dubbs, parent and assistant Head Start teacher, did accompany her daughter into the examination room. When Dubbs realized what kind of examinations were being administered, she immediately removed her child from the room and informed other parents of what had happened. Many parents were outraged; one parent took his child to his family practitioner to check for sexual abuse and another reported the incident to a sexual abuse hotline. Jerome Lee, director of the Tulsa County Head Start Program, stated at the time of the incident that he did not think there was anything strange or unusual about the examinations. Tulsa Head Start officials continue to defend their actions as necessary and appropriate.
"This case involves an invasion of the highest magnitude of the rights of both the parents and children," said John W. Whitehead, president of The Rutherford Institute. "The Rutherford Institute and the eight families its attorneys represent are hopeful the Court of Appeals will recognize and correct this grave constitutional injustice."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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