They mandate it by offering the parents the info as to why it is in the child's best interest to screen for the diseases. In some states it might be recognized as neglectful to deny the child such a tool. In other states they seek consent. If you chose to decline the offer of the free test then sign on the dotted line.
If the child becomes ill I think each parent should be charged with neglect. Is that constitutional? If the child dies how about manslaughter? Can we have a penalty for parents who decline a test that would diagnosis an ailment before it became debilitating for an innocent child? Thoughts?
"By the time clinical symptoms appear the damage may be permanent or the infant may die, sometimes without a diagnosis having been made. However, NBS is a screening test, not a diagnostic test, and not all affected infants will be identified even with two routine screening tests, as is recommended or mandated in the majority of states." http://health.nv.gov/PDFs/NCCID/NVNewbornScreeningManual_073108.pdf
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