Monday, July 24, 2006

"A chilling signal for America's parents"?

Update: Judge sets side court order for Cherrix today. (HT: Spunky)

I've been following the Abraham Cherrix story with interest. For those who aren't familiar with it, here's a short synopsis from The Rebelution:
In 2005, Abraham was diagnosed with Hodgkin's disease, a curable form of cancer that affects the lymph nodes. In September he started chemotherapy treatment at the Children's Hospital in Norfolk, VA.

Three months went by, the chemotherapy leaving Abraham bald, nauseated, feverish and weak. "His legs would buckle under him. It pretty much devastated him," said his mother, Rose, who home schools Abraham and his four siblings. (Source: USA Today)

"There were some nights I didn't know if I would make it," Abraham said. He did make it, but in February, tests showed that his cancer was still active, and doctors at the Children's Hospital recommended another round of chemotherapy, along with additional radiation treatment.

After talking with an oncologist (a doctor who studies and treats tumors) about the risks and side effects of the proposed treatment, Abraham decided he wouldn't go through with it.

"They wanted to bring me to the brink of death, then bring me back, try to restore me with stem cells," he explained. (Source: InsideNova.com)

"[It] would kill me, literally. No joke about it," he said. "The first round of chemo almost killed me in itself."

With his parent's backing and under the supervision of a clinic in Mexico, Abraham began pursuing an alternative treatment called the Hoxsey method, following a sugar-free, organic diet and taking an herbal remedy four times each day.

That's when the trouble really started.

Someone - Abraham thinks a doctor at the Children's Hospital - reported the Cherrix family to a social worker with the county's social services department. The social worker asked a judge to require that Abraham continue chemotherapy treatment.

In May, Judge Jesse E. Demps issued a temporary order finding Abraham's parents "neglectful," forbidding them from seeking treatment outside Virginia, and awarding partial custody to the Accomack County Department of Social Services - warning the family that they faced losing custody completely.

Abraham and his family were dismayed.

"What it boils down to is does the American family have the right to decide on the health of their child or is the government allowed to come in and determine that themselves and threaten one way or the other to split our family up?" said Jay Cherrix, Abraham's father. (Source: AP)

Said family lawyer, Barry Taylor: "I don't think any family in the commonwealth would be comfortable with the fact that a social worker with no medical training could make a medical decision for their child. It's an assault on the American family."
As of Friday of last week, a judge has ordered, against the wishes of this 16-year-old and his parents, that Abraham must begin his chemotherapy treatments.

From Al Mohler:

The real issue here is the right of parents -- rather than a social worker -- to determine the medical treatment of their own children. Note carefully that Abraham's parents have not refused him all medical treatment. He has already undergone one round of arduous chemotherapy. They have allowed him to determine that another round of chemotherapy is not in his own best interest.

What is next? This case sends a chilling signal to America's parents. Christian parents should take special note of this case, for the logic of this court would allow state intrusion into many of the decisions Christian parents make for their own children, ranging from education to discipline.

This story hits home very, very close to me. As most of you know, my husband was diagnosed with a brain tumor when he was 11. He had emergency surgery to remove it and a couple of years later, it returned. He was 13 at the time and the doctors were strongly urging his parents to pursue radiation and chemotherapy (something they hadn't done after the first surgery) as they didn't feel it would be possible to try and surgically remove it again. His parents didn't feel at peace about this. Jesse had just gone through years of watching his mother endure the horrendous effects of radiation and chemotherapy and it was the last thing he wanted to do. So, against the doctor's wishes and strong encouragement, Jesse's parents started researching everything they could research to find an alternative. They ended up in Philadelphia with a brain surgeon specialist who was willing to try doing another surgery. This surgery was successful and he has never had any regrowth.

I know there are no "ifs" but had Jesse's parents followed all the local doctors' advice and gone ahead with radiation and chemotherapy, I really don't think Jesse would be alive today. I shudder to think if the government had thought it was their right to say what treatment Jesse could and could not receive.

What do you think? What is the government's role in these sorts of situations? When do parental rights end and the government must step in? Feel free to comment and share your thoughts (As long as you are nice, I thought this would make an interesting discussion as it's something I'm turning over in my head, too, and has caused some interesting discussion for Jesse and I).

Related: Spunky is covering this story in-depth here and here. Monday updates from The Rebelution here. Visit Abraham's website here. Kimi Harris shares some great thoughts here.

More: Carmon posted some great thoughts here.

23 Comments:

Blogger Samantha said...

This is a scary thought! I know there are always exceptions, but I don't believe that this is the governments place in most cases. I'll have to read more about this story on spunky's site.

7:19 PM  
Anonymous Andrea said...

*sigh* While I can't always say that I totally agree with alternative medicine 100% of the time (it has worked for me in non-life threatening cases like migraines and upset tummy), its upsetting that a state feels compelled to step in like they do. If it is for the well being of the child/ adult, I'm all for it...but to force a treatment on someone that may violate their very morals is scary...My family has a legacy of cancer. I say that only because its not an "if I get cancer" scenario we live in, but a "when I get cancer" scenario. I've seen what chemo and rado do to someone, how they literally kill the person...all I can say is that second opinions from a LICENSED doctor mean life or death...we're not shy about seeking a second, third, and even fourth opinion in my family. And other folks should not be either.

I can't say though, as much as I feel for the kid and his family, that homeopathic remedies and organic foods will cure him. Only the Lord can...all we can do is pray for him.

Sorry to be somewhat of a naysayer, but Jesse and anyone else out there who is part of the law field know that laws and government, even though they're a pain sometimes, are there to protect us. Sometimes even from ourselves.

7:51 PM  
Blogger Crystal said...

Just thought I should clarify (I figured this might be necessary!) that I don't think it is wrong to use chemotherapy or radiation or that natural remedies are always the alternative. I don't think you should just leave your child to die, of course. Nor should a parent be allowed to abuse their children (or husband to his wife). There is a fine line in this. However, in this case, the parents and the son have done extensive research and they are doing what they believe to be in the best interest of the life of their son.

My point in posting this is that if the government is allowed to have complete jurisdiction in this case, where will the courts stop?

Parental rights are very quickly becoming endangered - probably more than most people realize.

7:51 PM  
Blogger Crystal said...

Absolutely, Andrea. Jesse and I are huge proponents of second and third and fourth opinions. Because they very well saved his life. Don't just blindly trust and follow the first opinion you get. Do your homework, research, find the best specialists you can find, pray and seek the Lord, and then do what you feel is right for you and your family in your situation.

Is this the governments' responsibility? This is what Jesse and I've been thinking on/discussing today.

Feel free to weigh in - as long as everyone can be nice, I'll open up the floor to a good discussion on this, for those who like discussions.:)

7:58 PM  
Anonymous Andrea said...

Crystal and others....while I may upset someone, I'm going to go for this one...

The government has every right to step in if there is a gross abuse of power or flagrant misunderstanding (like the Jehovah's witness situation...that's a misuse of faith and power over a child.)

Gosh, to be honest, I don't know. But I do know that the government and the courts are getting way too liberal for me, and I'm a Democrat! (A conservative one, but hey...when I'm scared by my own party, thats an issue.)

8:11 PM  
Anonymous Anonymous said...

I wonder, where then is the line that can't be crossed when it comes to the welfare of a child? I think everyone would agree that a parent's rights end when it comes to the abuse and neglect of a child. What's really being debated on this subject is exactly that point: is it neglectful to turn down a treatment that has a proven 69% response rate in recurrent Hodskin's Disease (link below to study), for one which is unconventional at best, and has no proven clincal efficacy?

We're blessed to live in a country that feels such obligation to protect it's children. That's rarely the case globally.


http://www.springerlink.com/(l5kdtoirbhoyuf55ead4j42t)/app/home/contribution.asp?referrer=parent&backto=issue,12,22;journal,59,79;linkingpublicationresults,1:102844,1


Kathy

9:15 PM  
Blogger Lydia said...

I was very saddened to hear of the plight of this family. It is disturbing, to say the least, how the government seems to be stepping into every realm and jurisdiction of life.

With a background as a nurse I do want share how important it is to have a Durable Power of Attorney (DPOA) set up for this kind of situation. A DPOA is an assigned person chosen by the patient to make healthcare decisions for the patient in the case when he or she can't make them. It can even be a family member in most cases. I don't know all the ins and outs of the law surrounding this practice (perhaps Jesse could shed some light) but I do see it as being more critical than ever for families to seriously consider. Can a juvenile or the parents of a juvenile establish a DPOA for the child? I am unsure but I would think that if it was possible, much of the confusion and conflict in this situation would have been eliminated.

Another related issue in medical/legal is the Living Will document. I can say that as a nurse we deal with these sorts of things frequetly. We are required to ask every patient at the time they are admitted if they have either a Living Will or DPOA document. If they do, a copy goes into the chart and if not they are given information to read and pastoral care is brought in to help them fill out the paper work if they desire.

I cannot emphasize enough how important it is to talk with your family members about these issues then get their wishes in writing. It may seem unpleasant or morbid but it could save you a lot of headache and maybe even a person's life in the end.

9:16 PM  
Blogger Shannon said...

Crystal,
The Department of Social Services is a corrupt powerhouse that sticks its nose where it doesn't belong. While I do believe that children should be protected from abuse, it appears that in this young man's case, he is being victimized. His parents obviously don't want him to go through the suffering effects of standard treatment and therefore, as his legal guardians, his wishes should be honored. I saw my grandparents go through chemotherapy and radiation. It was like a scene from a death camp. The courts are way too involved in the private lives of citizens.

10:19 PM  
Anonymous dccdmom said...

My aunt had completely the opposite scenerio. Once my special needs cousin turned 16 he was given the ability to refuse treatment recommended by his Drs and desired by his mother because he was over "the age of consent". My aunt was told that she could not force treatment on him against his will, even though she remained legally responsible for him and his medical bills. I agree that children need to be protected from blatent abuse and neglect, but in this case it sounds as though the parents and 16 year old child have done their research and are making a sound decision based on maintaining the child's quality of life, not just longevity.

11:49 PM  
Anonymous Anonymous said...

Cases like this scare me. I'm a cancer survivor who refused radiation. Fortunately it was the right choice, my cancer has been in remission for 8 years now. I was 18. Had I been 17 (my parents still would have let me decide) I wonder if the state could have forced it on me.

In cases where there is no huge proven chance of survival it is rediculous to force someone to undergo treatment. I'd assume in this case, the survival rate is very low. And who wants to live the last couple months of their life in agonizing pain and sickness?

We recently had a case wnearhere I live where a mother wanted to seek another opinion and try some alternative treatments for her 9 month old son who had kidney problems. The doctors wanted to put in a shunt *in case* the child ended up needing dialysis (in this case putting in the shunt involved general anasthesia and such). The mom took the baby from the hospital and the doctors LIED to the police to get an amber alert. Anyways, she lost, the babe had the surgery and is now without her or her breastmilk which probably would be more helpful to him than a shunt he may or may not need. Cases like this just irritate me. So much for freedom and the right to decide for our children.

3:24 AM  
Anonymous Janel said...

Thanks for pointing this out Crystal. I hadn't seen it. I'll poke around more later. VBS calls...

As a parent and Naturopathic Doctor who has seen first hand what alternative medicine CAN do, this issue stirs a wrath in the deepest part of my soul. I pray to God it's a holy wrath, because it makes me want to be like Elijah... (We're studying him in VBS this week.)

First this issue stirs me because I'm a parent. We have lost (and in some cases given away) our parental rights. They're a joke. Without the hand of God to protect us, all of our children could be taken tomorrow for one trumped up reason or another. May it not be so.

Secondly, it stirs me because of what I've seen in 10+ years of experience in the 'alternative' health field.

As a society, we have replaced God with medical doctors who are supposed to 'save' us from death. The state taking custody of kids to make sure they are 'saved' is just the sad, sad proof we have embraced that principle. If we hadn't, parents would still get to choose adn be left alone.

From where I sit, allopathic and alternative methods should be used together. Both have their place in different types of situations. If I'm broken & bleeding, I want a bandaid, an xray and some plaster casting!!!!! If I've got nutritional deficiencies, don't give me a drug, feed me.

The thing we (as a society) forget is that BOTH methods can be administered correctly AND incorrectly. It drives me wild when the impression is given that allopathic medicine is *NEVER* wrong and it's alternative medicine that's killing people off right & left. ugh. It's just not true. When I taught classes about basic holistic health I dealt with the misconceptions using stastics. They are out there, look for them.

Ultimately, it's not about which doctor or medicine you use, it's that we have forsaken God and he has turned us over to our own devices. We have created an injust system by the lobbying of some and the apathy of others. Now we simply don't like what we have created.

What's the quote about good men doing nothing? If my people will humble themselves...

7:16 AM  
Blogger HomemakerAng said...

i am on the team that government intervenes to much in situtations. i want to make another point here though... My mother is alive today because she had chemotheraphy and radiation. she is an over 5 year cancer survivor now. I just think it is important for people to know that all doctors are not evil and they go into the medical field after years and years of study just so they can force their opinions on others... Chemo is a good thing for some and radiation too. I just want to share both sides of the story

thanks
homemakerang

8:58 AM  
Blogger Phall said...

I just wanted to comment on this matter as well. Our daughter was diagnosed with a rare pediatric cancer at 3 months of age. She was on the brink of death when they air-flighted her to children's hospital. They started her on chemotherapy. She went through four rounds which left her limp and lifeless and the tumor completely unchanged. God opened the doors to an herbalist. We went ahead and progressed with four more rounds of chemotherpay. By the way, the tumor was inoperable, attached to her spine and spread all throughout her body. We infused many herbs and minerals (without telling the doctors) during those four rounds. We started giving her chlorophyll a week after each chemo treatment. She did not have to have one blood transfusion during that time. The elders of our church also prayed over our daughter for healing. At her next scan the tumor had shrunk to the size of a pea.
I do believe the parents have a right to choose what method to treat their child. I also think there is good in both the medical and herbal fields. But hardly no one wants to combine the two.
I believe it is very wrong what this social worker has done.
Phallin

11:11 AM  
Blogger MM said...

I was not surprised by the higher court's ultimate ruling as of today- the judge suspended the order requiring that Cherrix' parents share custody over Abraham with Child Protective Services, and Abraham Cherrix will not have to report for chemotherapy and will remain with his family.

This ruling is very much in line with current family law, which attributes a good deal of self-determination to a 16 year old young adult. Frankly, I am surprised that the issue of *parental* rights even emerged in this case. (keep in mind that if the issue before the court were a custodial battle between the parents, Abraham would probably very easily get to make up his own mind as to the decisions before him, and the court would probably consider his preference as almost determinative, barring any other serious factors.)

A just state simply does not have the prerogative to invade the sanctity of family deliberations or individual conscience in this way. In the life of Christians, this prerogative belongs to the church.

2:20 PM  
Blogger Crystal said...

Great points, MM. I've been trying to think through this legally and that was helpful!

2:52 PM  
Blogger zan said...

Phall,

How is your daughter now? I can't imagine seeing a little child go through chemo.

As a nurse, I rarely took care of children. I am not cut out for pediatrics. When my babies just have a fever I get so emotional about it.

This is hard. I think that, at 16, and the boy going through all he has been through, he is probably mature beyond his years and quite able to make up his own mind.

I took care of a teen with this disease and she finally said enough was enough and started hospice care.

I think that doctors, sometimes, do not want to give up. They probably see going to alternative treatments as that. Some dr just don't like to watch their patients die, especially young ones.

I think the government overstepped their limits here. In some medical cases I think they can intervene. I knew a family who's 4 yr old boy got cancer. They refused to have him treated and fed him carrot juice and barley water. The court forced him to receive treatment and he did survive.

I worked with a lot of social workers and they do seem to go overboard. I'm sure there are some good ones, but the ones that I worked with in the hospital painted a very bad picture of social work for me.

4:32 PM  
Blogger Phall said...

Zan,

She is now in remission, you would never know how much she suffered the first year of her life. She is full of health. The doctors said the chemo could have damaged her heart and leave her deaf. Through it all God has protected her heart and hearing. We praise God for healing!!!

By the way Crystal, we are expecting our third child!!! We are elated!!!

6:27 PM  
Anonymous Anonymous said...

As an emergency room doctor (and mother of two), I must say that I side with the state on this issue. The 16-year-old should have to repeat chemo. Cancer treatment is, without a doubt, brutal. However, what this child is going through is nothing unusual for that type of treatment. It's like this - no one WANTS to undergo treatment that makes them feel as ill as chemo (or radiation), but if you want to live, or if you want your child to live, you will do it. For me, there would be no "choice". I want my child to live! I want him to receive the benefits of the life-saving medical treatments that the Lord has blessed us with. Regarding alternative medicine, I realize that I may be biased, but I have seen too many alternative treatments that are nothing but expensive (and sometimes dangerous)garbage. The parents should force the child to undergo the chemo again. Either that or attend his funeral. Valerie

9:24 PM  
Anonymous Anonymous said...

My 5 year old daughter was diagnosed with Leukemia last year and is still going through chemo so this story hits close to home with me. When she was diagnosed she was in pretty bad shape and couldn't even crawl (at the age of 4-1/2) but 3 days after chemo started she was running. Now, during this time I learned A LOT about having complete, 100% faith in God and in our prayers and we've seen unbelievable miracles. She has been in remission for 10 months now but if she were to relapse (she won't because she's been healed in the name of Jesus) we would try herbs and natural remedies but at the time that she was diagnosed we didn't know that there was another way. She's been doing so incredibly awesome that we wouldn't dream of taking her off of it right now, we are past the hardest part. We just continue to pray and give it to God, after all, he's the one who's responsible to her doing so well. I WOULD NOT want to government to step in and MAKE us give her chemo if it wasn't doing any good. I would allow them to supervise what we were doing BUT Dr's don't have the same beliefs. My daughters Oncologist still doesn't get how I can be so positive through all of this...it's all in faith. If God is for us, who could be against us?

-Malina
www.oldfashionedheart.com

10:47 PM  
Anonymous Anonymous said...

I worked in a foster care agency for a while and had to quit because I had personal convictions that the state is overstepping their bounds. Parents don't have rights anymore, at least on a legal level. I cannot bear to think about the unjust treatment chidren experience in this world, but bottom line question remains this: Who gave parents the right to be parents? The state? A judge? No - God, our Maker. He gives people who seem very ill-equipped from my human perspective the right to be parents, and withholds this right from others who I think would be perfectly good candadites (and still can be through adoption). I think that the government thinks it is more powerful than it is. I have watched a mother lose her rights over her child in a courtroom for reasons I did not think good enough. This makes me think the state thinks it is more powerful than God - not good.

11:54 PM  
Blogger zan said...

Valerie,

I am wary of alternative medicine, too. I have seen patients use them and they fail. I also talked to a surgeon who said he has seen the damage they can do to livers. They can also interact with prescription medicine that is why it is so important to tell your physician everything that you are on including herbs and such.

Phall,

Praise the Lord that your baby is in remmission!

9:20 AM  
Blogger DollyMama said...

There was a similar story with a family perhaps from Oklahoma a few years ago. They had a daughter in the same situation. I believe they went to Switzerland for alternative treatments that they girl was doing well with, and they were ordered to return to the states for the chemo that almost killed her. They were threatened with removal of all their children from their home as well. I think they went to live in Switzerland in order to stay together and be safe.

There are other stories of courts deciding that a mother had to have a c-section because the doctors had decided the baby was "too big." In one case the family had decided on a different doctor because of the bad situation, and was not even aware that the court order for a mandatory c-section had gone through. The mother had meanwhile given birth to the baby vaginally at a different hospital without any problems.

There have been cases of pregnant women who falsely tested positive for HIV and were forced by court order to take AZT even though it was only an experimental drug! (later the women were proved to not have HIV--many women do not know that the HIV tests have high rates of false positives during pregnancy)

It gives me chills to think that a stranger would try to dictate my medical care or that of my child. I do understand that sometimes people do not make reasonable arrangements for medical care, and I believe that there need to be safeguards for children that are not getting care when they need it. However, mainstream medicine is given way too much control in our country.

I agree with you Crystal, this is not about which type of approach you want to take in solving your medical issues. This is about where is the line drawn on the rights parents and individuals have.Frankly, I think that medical professionals from either side of the fence should have little or no say in the matter because they are too biased toward their own approach. That is not going to be balanced information.

10:43 AM  
Blogger Phall said...

Well said dollymama.
I have probably thought about this issue more than I should have but I am like Crystal in the fact that it hits close to home.
I don't think you can go so far as to say that alternative medicine is garbage. There is good in both. And as for expense, good grief, look at how much pharmaceutical companies are charging.
If we had told the doctors we were using herbs we would have been laughed at and demanded to stop. And people can say whatever they want but until you are in the situation yourself you really have no say. Using the herbs with the chemo saved our daughters life. The herbalist told us what we could use with the chemo safely. When doctors say you should not mix herbs with medicine it is hard for them to admit there are other methods. Nobody wants to seek out other options, the doctors would lose money. I honestly believe some are brainwashed. Like I said with the first four rounds of chemo she had three blood transfusions. With the last four we used the chlorophyll (highly resembles that of hemoglobin) and her counts never bottomed out, she never had another blood transfusion.
How can a girl/woman have an abortion (legally kill her unborn child), but a family whose son is dying is threatened in such a way.
They tried the chemo (it's hard stuff and that's an understatement), they love their son and are desperately seeking out other methods to save his life. This is in no way anyone's decision but their own. They are seeking life.

11:45 AM  

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