Blood Transfusions & the Law

Mystery

Blood Transfusions and the Law

My sister just called me. I knew someone had to be sick or hurt. She has not talked to me since she visited me in Nov. No reply to my emails. No return of phone calls. Nothing. She (and her MS husband, pioneer daughter and thank God not baptized YET son & my mom) came to my home, made her decision that I am ?one of those people the WT warns them about?. My mom has replied to a couple of my emails ? but, only the ones that had ?sickness or broken ankle? in them and then she only commented on those two things no comments about ?life?.

But back to the subject. My nephew had a 4-wheeler wreck yesterday. He has fractured his pelvic bone in 3 places. The doc ?mentioned? that he may have to have blood. My sister ? MRS. HOLIER THAN THO JW? went into the typical JW spill. Absolutely not! Etc?. No circumstances?.. routine.

If it comes down to becoming life threatening in him need of blood, is there anything I can do to obtain guardianship (temporary or otherwise) over him? Is their any legal recourse I have to get him necessary treatment if the situation becomes life threatening?

We don?t live in the same state. I would be going against my sister & her husband, my mother, my sister-in-law and ?brothers? and ?sisters? galore in their area. I have been gone over 20 years. My nephew is 15. The only person that I have there that would stand beside me (I think) is my brother-in-laws mother. She is a nurse. As my nephew?s grandmother I believe she would at least give me a place to sleep if I feel that I can do anything if his situation worsens .

Is there anything legally I can do to take over guardinship if his situation becomes life-threatening?

deborah

little witch

Deborah,

That is terrible news!

I don't think you can over-ride the parents sadly...or obtain guardianship.

Unfortunatly, this will be a religious rights situation...

Recently, in my state of Indiana, a couple let their newborn die because they are members of a church called the brethren...They don't "believe" in medicine....

They were investigated but never charged, the government said they had the "right" to pray and not seek treatment!!!

Depending on where you live however, the authorities or docs may introvene. I hope so for your nephews sake. Pelvic breaks cause major blood loss.

Keep us informed k?

blondie

It is hard enough for a parent to override the wishes of the other parent legally (remember father in Canadian case). There are many procedures that JWs reject because of lack of knowledge that are acceptable according to the HLC. Rather than confront right away, see if they have called the Hospital Liaison Committee to see what their options are. It is hard for a nonparent family member to override the wishes of the parents.

http://www.noblood.org/forum/index.php? (unofficially run by JWs)

A chart that details some choices for JWs

http://www.pennhealth.com/health_info/bloodless/blood_jchart.html

and

AJWRB.com

http://www.ajwrb.org/links/index.shtml

Mystery

Thank you Blondie & Little Witch.

I just talked to my niece - she said right now he is doing Ok.

Hopefully the blood issue won't be a problem.

garybuss

Call child protection services in the town where he lives and give them details. If he is a minor, they will make him a case and see to proper care over the objections of the parents. Wish you all well in this. GaryB

A Paduan

Yeah, make sure child protection knows - here they make them wards of the state and give them treatment

blondie

I would still call child protective services to find out what legal position you have as an aunt of a 15-year-old in this situation. I always think of the hospital and the doctors invovled and wonder when and if they use this avenue as well. Ask them how they feel, hypothetically, about such things. It will make your options clearer for the next time. No point in aggravating a family situation unnecessarily.

Courts are reluctant to interfere with parental decisions in the health of their children. When the parents don't agree or the doctors/hospital are involved, it becomes even more complicated.

As I said, many JWs are woefully uninformed as to their medical choices that are approved as conscience matters by the WTS. I would start there first. That is what happened with one family I knew, once they saw what the WTS approves (and the doctor too), the situation calmed down between them and the doctor. In an emergency (unplanned for) injury, the choices may come down to one thing, a severe loss of blood that can only be replaced with a transfusion.

Remember too that your nephew is 15 and getting older, and the court is more likely to consider what he says if he is conscious or as left a document saying what he wants in health care.

Blondie

Mystery

I will call child protection tomorrow. So far he is doing OK and they haven't mentioned the blood issue again. But I will call and see what would happen in a "what if" situation.

I know in Alabama when my son turned 15 he was the one that had to sign his information and forms at the hospital. He is of legal age at 15. I don't know what the law is in their state.

Thank you for your advice. Hopefully he will just be OK and the issue will not come up again.

Mystery

I talked with my sister this morning and she said that my nephew is doing well. They have not mentioned the blood issue again. I would like to hope that if it was taking a turn for the worse that she would tell me. Sometimes I am not so sure that she would.

I have a old school friend that works at the hospital that I have occassionally kept in contact with. I will call them tomorrow evening and ask her to check on him to make sure that the issue has not/is not coming up again.

I did contact Child Protection. I went ahead and filed a reference to the situation. They told me to call back if his condition worsened and the blood issue resurfaced. If in fact it does, they will talk with his doctors, if it is indeed life-threatening they will get a court order for temporary guardianship over him and allow the surgery/transfusion to take place regardless of my sister.

If this does come about my DFment will come soon thereafter. I know they will know that it was me that called. If it even gives the hope of saving my nephew's life (if he has a turn for the worse) it will be a burden that I will gladly carry. It is a lot better than sitting here just saying how wrong and sick that they are.

Thank you for your kind words and advice. I had not thought of Child Protection - it seems like the best interference that can be run in a situation such as this.

Thank you again.

deborah

Valis

Mystery ya done good! Keep us posted! I can't for the life of me think of a reason why a parent would endanger a child like that. I mean could you sit and watch your child die like some lifeless uncaring troglodyte? Sheesh! It isn't even nice to think about.

SIncerely,

District Overbeer

Blood Transfusions & the Law

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