Has King Middle School Been Breaking Maine Law?

The complexity of children involved in adult behaviors continues to be an enormous issue for our schools and our society. The greatest challenge is always what to do with the children involved in such behavior. I wrote about the issue as it relates to student consequences when writing about the story known as “The Jena 6.”

Recent Developments in Portland Maine
The recent discussions about sexual activity among middle school students has given rise to yet a new debate within the Portland community that voted to make contraceptives available to young women as young as eleven. Apparently, Cumberland County District Attorney Stephanie Anderson began questioning the reporting practices of the Portland middle school health center after the recent school board decision regarding contraceptives.

Anderson stipulated that Maine law prohibits sex with a person under the age of 14. That law stands regardless of the age of the second person according to Anderson.

Furthermore, Anderson insists that all health care providers must report any known and/or suspected sexual activity of minors age 13 and under to the state Department of Health and Human Services. The DA also stated that by law abuse of any child must be reported to the appropriate district attorney’s office if the perpetrator is someone other than the minor’s parent or guardian.

So Anderson went on record to state her interpretation of the matter, “When it’s somebody under age 14, it is a crime and it must be reported. The health care provider has no discretion in the matter. It’s up to the district attorney to decide.”

Anderson also stated that doctors and other health care providers in private practice must follow the same laws.

Portland Officials Put on Notice
While Portland officials have been put on notice, the city’s attorney Gary Wood indicated that what the law requires is unclear. Though Wood acknowledged that Anderson was raising a legitimate point, he went on to offer that he wasn’t sure that consensual sex between 13-year-olds would constitute abuse.

Anderson then further clouded the issue by offering her explanation of what would likely happen in that situation: If she were to receive a report of report of two 13-year-olds having sex, each of the individuals would be considered a victim and each a perpetrator, and therefore the case would most likely not be prosecuted. However, Anderson continued to state it was not up to anyone but her to make such a decision.

Making things all the murkier, Andrew MacNeal, a lawyer with the Maine Medical Association, offered a totally different view. “I might argue that the health care provider has more discretion in reporting abuse. Always, a physician’s first obligation is to the patient.”

MacNeal further indicated that it was not practical to apply the law as it would likely stop those from needing care to ever seek help.

Policy Change Forthcoming?
Putting all of this together, especially given Anderson’s interpretation, one would think the school board and the school would need to reverse their initial decision, regardless of their desire to help students in need. One would now think they would need to draw a line in the policy that requires contraceptives be made available only those students who are 14-years-of-age at a minimum.

After all, it would appear that under the current contraceptives proposal, one could state that the school was knowingly helping a child break the law.