Appeals Court Says Guardian For Medical Decisions Should Have Been Appointed For Amish Girl

In In Re: Guardianship of S.H., (OH Ct. App., Oct. 1, 2013), an Ohio appeals court held that the probate court abused its discretion in refusing to appoint a guardian for the purposes of making medical decisions for an Amish girl suffering from leukemia.  The parents, at the girl's request, stopped chemotherapy treatment. The court, however, concluded that treatment would be in the girl's best interest, saying:

While we have no doubt that, the parents are acting in accordance with their principles, beliefs and honest convictions and that their goal may be a laudable one, it does not nullify or supersede the right of the state and the probate court to protect the health and well-being of a child.

The court held that under Ohio law, a finding of parental unsuitability is not necessarily required before appointing a guardian. AP reports on the decision. (See prior related posting.)