A Judge Will Decide Wernecke's Treatment!

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  http://www.kristv.com/Global/story.asp?S=3445796

  http://www.kristv.com/Global/story.asp?S=3445796

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  A judge will decide Wernecke's treatment June 8, 2005, 07:53 PM

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  Katie Wernecke more>> Judge rules Katie will stay in CPS custody Werneckes continue battle for custody of Katie Wernecke fight now in federal court PET Scan says Katie still has active cancer CPS inspects Wernecke home Wernecke family working to get Katie's brothers back from CPS custody Wernecke family goes to court, mother speaks to media A judge will decide Wernecke's treatment Wernekce to be checked out by Houston Cancer Center Katie Wernecke awaiting treament

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  CORPUS CHRISTI - Cases involving parents' rights to refuse medical treatment for their children based on religious beliefs are not all that uncommon. However, they don't normally involve potential life and death scenarios like Katie's.
  
  CPS takes kids from homes in cases of abuse or neglect. In this case, CPS believes it was a case of neglect. Katie's parents obviously disagree. Now, it's up to a judge to decide who knows what's best for Katie - her parents or the state. Anne Coover specializes in family law, and a while back had a case involving a young Jehovah's Witness that was very similar to the case of Katie Wernecke. Coover said the Jehovah's Witness lost the legal battle, and that historically, religion tends to take a back seat in court to what's medically necessary. Coover said, "Past cases tell us that the court is going to rule in the child's best interest. If there is a need for the child to be protected by the court, it's my experience and history that child will be protected."

  According to Texas law , "N eglect' includes failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury..." A Child Protective Services spokeswoman claims that's why they took Katie. "We felt the child was not getting the treatment she deserved. Our role is to protect children," said Mary Walker. Katie's family argues both points, claiming their beliefs allow only Katie's mother to give a blood transfusion, and that doctors are wrong about her need for radiation. If this week's diagnosis by a new doctor indicates Katie is not in danger, a judge will have to decide whose medical opinion matters most.

  "This doctor may have an opinion that says black, and the other doctor has an opinion that's white. And so the judge has to rely on which opinion has more credibility, more validity, and that he can rely on," Coover said. Coover and Child Protective Services both said that doctor's opinions are heavily relied upon in cases like this. No one will know the results of Tuesday's examination in Houston, and in fact, neither does Katie's father.

  The hearing is scheduled for next Wednesday.

  Online Reporter: Bart Bedsole