Ohio court gives lawyer guardianship of Amish girl with cancer

(RNS) — An Ohio court has given limited guardianship of a 10-year-old Amish girl to a lawyer who will make medical decisions instead of the girl’s parents.

Maria Schimer is also a registered nurse and will be in charge of arranging transportation and payment for Sarah Hershberger’s medical treatments — costs that will be covered by government programs. The guardianship will last until Feb. 1, 2016.

Akron Children’s Hospital in Akron, Ohio, went to court after Sarah’s parents halted her chemotherapy treatments, saying the treatments made her ill and they believed the will of God would prevail.

The hospital said the girl, who has lymphoblastic lymphoma, had an 85 percent survival rate with treatment but would likely die within a year without receiving chemotherapy. The court agreed, naming Schimer guardian Oct. 9.

“Health care practices vary considerably across Amish communities and from family to family,” according to an article by the Young Center for Anabaptist and Pietist Studies at Elizabethtown College. “Many Amish use modern medical services, but others turn to alternate forms of treatment. They cite no biblical injunctions against modern health care or the latest medicines, but they do believe that God is the ultimate healer.”

In early September, Judge John Lohn sided with the parents, saying Sarah would not be forced to undergo chemotherapy. However, an Oct. 1 appeals court ruling overturned that decision and ruled that a guardian should be appointed for the child.

In an FAQ about the case, the hospital states that it does respect the religious beliefs of its patients’ families.

Akron Children’s Hospital “has a long history of serving the Amish community,” the FAQ says. “In our experience, the Amish are very responsive to seeking treatment for their children for a variety of medical issues.”

Courts usually side with the hospital in life-or-death cases that involve children, said Robert Tuttle, professor of law and religion at George Washington University Law School.

While adults can refuse treatment for any reason, children can only be denied treatment by their guardians for non-essential medical procedures, such as braces on teeth.

“Ordinarily parents are entitled to make those decisions, but when the decisions of the parents are not in the best interest of children, the state is allowed to step in,” Tuttle said. “Then the courts will allow the hospital with the state to intervene and take temporary custody, but usually to take temporary guardianship for the purpose of medical decisions.”

— Katherine Burgess

© 2013 Religion News Service. Used with permission.

,

Reporter Online is the Web version of Reporter, the official newspaper of
The Lutheran Church—Missouri Synod. Content is prepared by LCMS Communications.

One Response to Ohio court gives lawyer guardianship of Amish girl with cancer

  1. Herbert Kalkitis October 12, 2013 at 6:00 pm #

    Let me understand this.

    The State claims it DOES have the authority to determine what medical treatments are necessary to protect and preserve the physical life of a child regardless of that life’s circumstances and the reasoned objections of the child’s parents to such treatments.

    But, of course, we also know that if the child happens to be three months old and unborn then the State claims it DOES NOT have the authority to protect and preserve the physical life of that child, even if that life is threatened or ended as a result of “medical” treatments flowing from parental reasoning that amounts to no more than mere convenience.

    Why would anyone find any consistency with these jurist sanctioned government CLAIMS of authority to affirm or deny the sanctity of life or force the postponement of death? Where in the Constitution is that authority granted absent an illegal act? What legal or moral reasoning leads to the conclusion that God ever intended that decision to be in the hands of the State, the Church, or any other societal group?

    Morality as revealed by God’s Word and the natural order leaves such decisions to the individual (or parents absent majority) and demands worship towards God and actions of selflessness toward each other.

    You might make a weak moral argument concerning selfishness on the part of the Amish parents. However, surely you can’t believe their decisions were made lightly, without anguish and prayer, sans participation of their 10 year old.

    Can any stronger moral argument be made for the selflessness of parents choosing abortion or the God sanctioned validity of a State which allows it? Surely not.

    Let me understand this? Impossible.

LCMS News & Information