Aurora panel takes no action on notification plan

A council committee on Tuesday got its first look at a parental notification proposal but didn't take any action on it.

The three-member government operations committee also put on hold a resolution urging the state to enforce its own parental notification law.

Alderman Rick Lawrence introduced the issue, saying it's "unacceptable" a doctor can perform a medical procedure on a minor without notifying his or her parents. A parent-child relationship is more important than the opinion of any doctor, he said.

"This is a difficult issue," he said. "It shouldn't be."

He is proposing an ordinance that requires doctors to alert parents or guardians at least 48 hours before any procedure is done, including prescribing medication. Exceptions would be made in cases of emergencies or abuse.

Aldermen Chris Beykirch and Richard Irvin also support the plan.

The bill itself has not yet been officially introduced at committee level, though city leaders and the media have seen a first draft.

Leaders acknowledge the proposal is a work in progress. They are anticipating many challenges, "but that can't be the reason for us to disregard the protection of our children," Irvin said.

A main challenge includes arguments that Aurora, even though it's a home-rule city, does not have the power to create such a law, and that only the state can regulate medical practices.

That was reiterated in a letter from the Illinois Attorney General's office, written by Michael Luke, senior assistant attorney general in the chief, public access & opinions division, to state Sen. Terry Link on Monday. The letter is not the opinion of Attorney General Lisa Madigan.

"The proposed ordinance, if adopted, would impermissibly intrude into areas that are exclusively reserved to the State for regulation," it reads.

Lawrence said such challenges "all need to be worked out." But they want the entire process to be transparent, he said, and they invite debate.

"Who knows what the final form will be?" he said. "If nothing else, we're making people aware."

The first step in the process, bill supporters say, is to pass a resolution urging the state to enact a parental notification law that can be "upheld in a court of law."

The state in 1995 approved a notification law, but a federal court has blocked it from taking effect. A judge is reviewing the case, which has been challenged by the American Civil Liberties Union.

Before forwarding the resolution to the committee of the whole, more homework needs to be done, said Stephanie Kifowit, who was acting as government operations committee chair.

She wants to know what the status is with the state's law, as well as refer the resolution to the city's legal department. She also said the item on Tuesday's agenda was for discussion only.

It could be placed on the next meeting's agenda for a vote, she said.

It's a simple resolution, Beykirch argued, asking what other homework needed to be done.

Lawrence said it's crucial to pass it through now because "the people of Aurora want it" and they deserve to know where officials stand on the issue -- which would come with a full council vote.