[Congressional Record Volume 148, Number 117 (Tuesday, September 17, 2002)]
[House]
[Pages H6268-H6269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CANDACE NEWMAKER RESOLUTION OF 2002
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 435) expressing the sense of
the Congress that the therapeutic technique known as rebirthing is a
dangerous and harmful practice and should be prohibited.
The Clerk read as follows:
H. Con. Res. 435
Whereas ``rebirthing'' is a form of ``attachment therapy'',
which is used to try to forge new bonds between adoptive
parents and their adopted children;
Whereas Candace Newmaker, a child from North Carolina, died
from the rebirthing technique, and four other children have
died from other forms of attachment therapy;
Whereas the American Psychological Association does not
recognize rebirthing as proper treatment; and
Whereas many States have enacted or are considering
legislation to prohibit this technique: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. SHORT TITLE.
This concurrent resolution may be cited as the ``Candace
Newmaker Resolution of 2002''.
SEC. 2. SENSE OF CONGRESS REGARDING THERAPEUTIC TECHNIQUE
KNOWN AS REBIRTHING.
(a) In General.--It is the sense of the Congress that the
therapeutic technique known as rebirthing is dangerous and
harmful, and the Congress encourages each State to enact a
law that prohibits such technique.
(b) Definition.--In this resolution, the term
``rebirthing'' means a therapy to reenact the birthing
process in a manner that includes restraint and creates a
situation in which a patient may suffer physical injury or
death.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from Ohio (Mr. Brown) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Bilirakis).
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on this legislation, and to include extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today I rise in support of House Concurrent Resolution
435, which does express the sense of the Congress that the therapeutic
technique known as rebirthing is a dangerous and harmful practice that
should be prohibited.
Now, Mr. Speaker, a terrible story: in Colorado, a 10-year-old girl
named Candace Newmaker died during a rebirthing session. Rebirthing is
supposed to forge new bonds between adoptive parents and their
children, and it involves wrapping the child in a sheet and covering
him or her with pillows, often for more than an hour, to simulate the
birthing process.
During the procedure, Candace, who had been diagnosed with attachment
disorder, told her therapist several times that she could not breathe.
However, her therapist did not unwrap her, but told her to push harder
to get out. Candace was rushed to a local hospital where she died the
next day.
Unfortunately, Mr. Speaker, Candace is not the only child to die and
suffer from this practice. Four other children have died as a result of
rebirthing therapy.
The American Psychological Association does not recognize rebirthing
as proper treatment for attachment disorders, and many States,
including Colorado, have enacted legislation which makes it illegal to
practice rebirthing therapy if restraints are involved or there is a
risk of physical injury. Many other States have enacted or are
considering legislation to prohibit this technique, as well.
The Committee on Energy and Commerce unanimously approved the
resolution before us on September 5; and we are very, very grateful to
the gentlewoman from North Carolina (Mrs. Myrick) for introducing this
resolution. It does encourage each State to enact a law that prohibits
this potentially very deadly practice.
Mr. Speaker, I urge my colleagues to support this important
resolution, and I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the gentlewoman from North Carolina (Mrs. Myrick) has
introduced legislation inspired by the tragic death of the 10-year-old
that the gentleman from Florida (Chairman Bilirakis) referred to as a
result of what is commonly known as rebirthing therapy. This resolution
expresses congressional opposition to this dangerous and deadly
practice.
This radical therapy has been used by some therapists to treat
attachment disorder, most commonly seen in adopted children. The
American Psychological Association and the National Council for
Adoption and other organizations condemn this practice as fraudulent
and as dangerous. In addition to the risk of death by asphyxiation,
psychologists say it can further damage already-troubled children.
Our committee, the Committee on Energy and Commerce, supported this
important resolution. I urge my colleagues to do the same today.
Mr. Speaker, this body brings a variety of resolutions to the floor
coming out of the Subcommittee on Health, almost all of which I
support, almost all of which are positive.
I wish, however, Mr. Speaker, that we would do a little bit more in
terms of trying to rein in prescription drug prices. I look at
legislation like this, which is important; but we should be using this
time on the floor also to pass legislation like that which the
gentlewoman from Missouri (Mrs. Emerson), a Republican, and I, a
Democrat, have introduced, which is the GAAP bill, H.R. 1862.
I have introduced similar legislation with the gentleman from
California, H.R. 5272, to deal with the problem of drug pricing. It is
a bill the other body has passed. It would stop the gaming of the
patent system by the drug companies whereby they have been able to
extend their patents by cutting deals
[[Page H6269]]
with generics, by in some cases using private lawsuits, using the court
system.
Our legislation would save $60 million to consumers over the next 10
years. It is something that our committee should do and that this body
should do.
While the chairman, the gentleman from Florida (Mr. Bilirakis), has
always been so helpful in bipartisanly working on a lot of these
issues, the Republican leadership has not been so helpful. I would hope
that as we work on these resolutions, as on the resolution of the
gentlewoman from North Carolina (Mrs. Myrick), which I support, House
Concurrent Resolution 435, that we would also work on legislation like
H.R. 5272, which has bipartisan sponsors, but on which, because of the
opposition of the drug industry, Republican leadership, who are much
too close to the drug industry, much too aligned to the drug industry
with drug industry contributions and political support, has failed to
step forward.
I would hope as we pass this bill today that perhaps tomorrow we can
work on such legislation, on which we are going to do a discharge
petition, I would add parenthetically, this week, Mr. Speaker, and pass
legislation to stop the gaming of the patent system, as we pass
legislation like we are today.
Mr. Speaker, I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, to stay on the point of the legislation
before us now, I yield such time as she may consume to the gentlewoman
from North Carolina (Mrs. Myrick), the author of the legislation.
Mrs. MYRICK. Mr. Speaker, I thank the gentleman for yielding me this
time and for bringing this bill forward today.
I do come in support of H. Con. Res. 435, the Candace Newmaker
Resolution of 2002. I introduced this resolution in July to honor a
little girl from North Carolina who lost her life tragically because of
voodoo science called rebirthing. She was a beautiful 10-year-old girl,
her whole life ahead of her; and she died tragically in April of 2000
because she was forced to take part in a rebirthing therapy session.
Candace had been adopted out of the foster care system by a single
woman; and like any child would, she missed her parents and her
siblings, and her adoptive mother claimed that she and Candace were not
``bonding'' properly.
While searching the Internet for help, Candace's adoptive mother
discovered ``reactive attachment therapy.'' It is a disorder treatment,
a clinical term for what folks see as a child's ability to bond with
new adoptive parents.
A therapist, who never even met Candace, diagnosed her with this
disorder; and her mother took her to Colorado for treatment. A radical
attachment-disorder therapist was paid $7,000 for a 2-week course of
treatment for Candace. This was not a licensed psychiatrist or a
licensed psychologist. The supposed therapist's highest degree was a
master's in social work.
After a few days of other attachment therapy, the therapist thought
that Candace was ready for the rebirthing therapy. This was supposed to
simulate Candace's trip through the birth canal and would symbolically
deliver her to her adoptive mother and erase her natural birth 10 years
ago.
The therapist and her assistant, along with two other helpers,
wrapped Candace tightly in a flannel blanket and covered her with eight
cushions. Then the four adults put their combined weight of 673 pounds
on Candace's 70-pound body, bounced on her and squeezed her to simulate
contractions. During the 70-minute procedure, the adults taunted
Candace to try to fight her way out of the cocoon. Ten minutes into the
procedure, Candace begged to be let out because she could not breathe.
Her sobs and her pleas were ignored, and she was even told to go ahead
and die by the therapist. Candace continued to cry for her life for 30
more minutes.
Forty minutes into the procedure, she spoke her last word, ``no.''
The adults continued to sit on her and taunt her for 30 more minutes.
When they finally unwrapped Candace, she was dead. Her adoptive mother
had witnessed the entire episode, and the therapist had even videotaped
the procedure which was used against her in a court of law. She and her
assistant were convicted of reckless child abuse resulting in death and
were sentenced to 16 years each.
Colorado has since passed a law to outlaw this horrendous practice;
and other States, including my State of North Carolina, will hopefully
do so soon. The resolution I introduced, H. Con. Res. 435, would
express the sense of Congress that this ``rebirthing'' therapy is
dangerous and should be prohibited. This therapeutic technique is not
recognized by any professional psychological groups, and many have
specifically denounced the practice, including the American
Psychological Association, the American Psychiatric Association, the
Judge David Bazelon Center for Mental Health, and the National Council
for Adoption. I encourage all States to outlaw this voodoo science and
prevent another tragedy from happening.
Candace's grandparents, David and Mary Davis, who are my constituents
and who are here today, have been tireless advocates for outlawing this
procedure. They do not want their granddaughter to have died in vain.
I ask my colleagues to join me in passing this resolution to ensure
States to outlaw this procedure.
Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 435.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________