In St. Lawrence County, New York, a family court judge has issued a finely-tuned ruling in the case of a 20-month old Amish boy, Eli Hershberger, who likely will die if he does not receive surgery to repair a hole in his heart. His parents' religious beliefs preclude them from consenting to the surgery. According to yesterday's Watertown Daily Times, Family Court Judge Barbara R. Potter ruled that while the boy's parents give him affection and provide for his basic needs, they have neglected him medically. That neglect finding permitted the court to order the surgery without the boy's parents needing to sign a consent form. Parents Gideon and Barbara Hershberger, however, will not lose custody of Eli and no criminal charges will be brought against the parents. The Family Court could subsequently dismiss the case if the parents comply with specified conditions, including taking Eli to all medical checkups and providing doctors with his medical information.
Thursday, December 25, 2008
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2 comments:
Painful for me to say.
Good judge. Impeccable decision.
These issues are tough to navigate. Social services agencies often use a blunt instrument, seeking full custody when the only issue is medical treatment. From the newspaper article, it appears that everyone involved understood that the only issue was consent for the surgery, not generalized abuse or neglect. Excellent decision, made easier by reasonable social workers.
The nature of the medical issue also made it easier. Chronic conditions are more difficult to monitor, and more difficult to address in court proceedings.
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