Ilena Rose
August 25th 06, 12:24 AM
http://www.wvec.com/sharedcontent/APStories/stories/D8JMV2O00.html
Teen cancer patient's court battle leads to Va. legislation
08/24/2006
By LARRY O'DELL / Associated Press
Inspired by a teenage cancer patient's legal fight to obtain
alternative treatment, two Hampton Roads lawmakers said Thursday that
they will introduce legislation to strengthen families' rights to
manage the health care of gravely ill children.
Republican Del. John Welch III, R-Virginia Beach, said the goal is to
curb the kind of government intervention that forced 16-year-old
Starchild Abraham Cherrix into court after he replaced chemotherapy
with an herbal treatment available through clinics in Mexico.
"The 800-pound gorilla known as government should not intervene at the
11th hour as the arch enemy," Welch said in a telephone interview.
"Government is supposed to help people."
The Accomack County Department of Social Services asked a juvenile
court judge to intervene after Cherrix, with his parents' blessing,
began a treatment called the Hoxey method, the sale of which was
banned in the United States in 1960 because it has not been proven
effective.
The judge found Jay and Rose Cherrix neglectful and ordered their son
to report to a hospital for conventional treatment of his Hodgkin's
disease. The family appealed.
Just before the start of a two-day hearing on Aug. 17, the two sides
struck an agreement that will allow Cherrix to continue the Hoxey
method under supervision of an oncologist interested in alternative
treatments. The court will receive regular updates on the teen's
condition.
"This family had no history of abuse or neglect," Welch said. "There
was no reason for Social Services to get involved — no reason for the
medical community to try to take over parental rights."
Welch said he has asked the state Division of Legislative Services to
draft the bill, which he will call "Abraham's Law." He hopes to submit
the bill Monday.
Sen. Nick Rerras, R-Norfolk, said he plans to introduce similar
legislation. He said he and Welch likely will work together toward the
same goal.
"There's some things that ought to be left to families," Rerras said.
"Pulling people into court because they are choosing medicine that is
not popular or well known or practiced by local physicians — that's
not right."
John Stepanovich, attorney for the Cherrix family, said he has
discussed the proposals with the legislators and strongly supports
their efforts.
"This case cries out for legislators to take action," Stepanovich
said. "A family shouldn't have to be fighting Social Services at the
same time they're fighting potentially terminal illnesses with their
kids."
Stepanovich noted that the state's medical neglect laws already have
an exception for decisions based on religious reasons.
"The medical neglect statutes have to be tightened up, and there has
to be some recognition of the family's decision-making authority at
some point," he said.
Spokesmen for the state Department of Social Services and the offices
of Gov. Timothy M. Kaine and Attorney General Bob McDonnell all said
they could not comment on the legislation until after it is
introduced.
"Gov. Kaine is confident that throughout the whole episode, all
parties were working for the best interests of this young man," Kaine
spokesman Kevin Hall said. "That being said, we certainly would want
to review any proposed legislation that would seek to change the
current process."
The legislators said they will seek input from all parties that have a
stake in the legislation.
___
On the Net:
Abraham Cherrix: http://www.abrahamsjourney.com
www.BreastImplantAwareness.org/blog.htm#Abraham
Teen cancer patient's court battle leads to Va. legislation
08/24/2006
By LARRY O'DELL / Associated Press
Inspired by a teenage cancer patient's legal fight to obtain
alternative treatment, two Hampton Roads lawmakers said Thursday that
they will introduce legislation to strengthen families' rights to
manage the health care of gravely ill children.
Republican Del. John Welch III, R-Virginia Beach, said the goal is to
curb the kind of government intervention that forced 16-year-old
Starchild Abraham Cherrix into court after he replaced chemotherapy
with an herbal treatment available through clinics in Mexico.
"The 800-pound gorilla known as government should not intervene at the
11th hour as the arch enemy," Welch said in a telephone interview.
"Government is supposed to help people."
The Accomack County Department of Social Services asked a juvenile
court judge to intervene after Cherrix, with his parents' blessing,
began a treatment called the Hoxey method, the sale of which was
banned in the United States in 1960 because it has not been proven
effective.
The judge found Jay and Rose Cherrix neglectful and ordered their son
to report to a hospital for conventional treatment of his Hodgkin's
disease. The family appealed.
Just before the start of a two-day hearing on Aug. 17, the two sides
struck an agreement that will allow Cherrix to continue the Hoxey
method under supervision of an oncologist interested in alternative
treatments. The court will receive regular updates on the teen's
condition.
"This family had no history of abuse or neglect," Welch said. "There
was no reason for Social Services to get involved — no reason for the
medical community to try to take over parental rights."
Welch said he has asked the state Division of Legislative Services to
draft the bill, which he will call "Abraham's Law." He hopes to submit
the bill Monday.
Sen. Nick Rerras, R-Norfolk, said he plans to introduce similar
legislation. He said he and Welch likely will work together toward the
same goal.
"There's some things that ought to be left to families," Rerras said.
"Pulling people into court because they are choosing medicine that is
not popular or well known or practiced by local physicians — that's
not right."
John Stepanovich, attorney for the Cherrix family, said he has
discussed the proposals with the legislators and strongly supports
their efforts.
"This case cries out for legislators to take action," Stepanovich
said. "A family shouldn't have to be fighting Social Services at the
same time they're fighting potentially terminal illnesses with their
kids."
Stepanovich noted that the state's medical neglect laws already have
an exception for decisions based on religious reasons.
"The medical neglect statutes have to be tightened up, and there has
to be some recognition of the family's decision-making authority at
some point," he said.
Spokesmen for the state Department of Social Services and the offices
of Gov. Timothy M. Kaine and Attorney General Bob McDonnell all said
they could not comment on the legislation until after it is
introduced.
"Gov. Kaine is confident that throughout the whole episode, all
parties were working for the best interests of this young man," Kaine
spokesman Kevin Hall said. "That being said, we certainly would want
to review any proposed legislation that would seek to change the
current process."
The legislators said they will seek input from all parties that have a
stake in the legislation.
___
On the Net:
Abraham Cherrix: http://www.abrahamsjourney.com
www.BreastImplantAwareness.org/blog.htm#Abraham