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2005
Gary Gates

Peter Johnston
E-mail bulletin for November 2, 2005
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JUDGE RULES IN FAVOR OF WERNECKE FAMILY!

JUDGE ORDERS

1.        Parents regain custody
   2.   Parents have medical decision-making authority



DONATE TO MEDICAL AND LEGAL FUND FOR KATIE WERNECKE FAMILY

Parental rights received a boost earlier this week as Judge Jack Hunter ruled to return Katie Wernecke to her parents custody and today ordered that the parents will have ultimate medical-decision making authority. 

Judge Hunter replaced Judge Carl E. Lewis who recused himself from the case.

        This decision brings welcome relief to Katie’s parents and family and ought to bring a collective sigh of relief to parents throughout Texas.

        While the state has had custody of Katie since June 4th her health has deteriorated.  She may be back with her parents as soon as the end of this week according to her treating pediatric oncologist, Dr. Robert Wells.

        The Werneckes have her scheduled for testing and prospective treatment of their choice on Monday in Kansas.

        In June the Department of Family and Protective Services filed for custody alleging that the Wernecke parents had been medically neglectful.   According to testimony in June, Doctor Alter of Driscoll Children’s Hospital in Corpus Christi called CPS telling them treatment needed to be done immediately or she would die.

        CPS gained custody on June 4th , and moved her to M.D. Anderson in Houston in the middle of June but did not begin any treatment for over a month.

        Jim Pikl, attorney for the parents stated, "This decision is important to every Texas parent.  It means that when your child becomes sick, you do not have to merely stand by while state CPS workers tell you what care your child will receive.  You also need not fear that CPS will take your child away from you simply because you have a disagreement with CPS about what treatment is right for your child."

        Pikl continued, "In reversing Judge Lewis’s prior rulings, Judge Hunter has secured and enforced the important constitutional rights of fit parents, like the Werneckes, to question and even refuse the first treatment offered, to press for second and third opinions, and to pursue alternative medical care for their children, even if the state’s self-proclaimed ‘experts  do not happen to agree."

        Texas Center for Family Rights expresses its support for the Werneckes as they attempt to restore Katie’s health and the sanctity of their family.  According to Dr. Wells Katie’s chance for survival has dropped from 80 percent while in CPS custody to 20-25 percent.

        Katie’s parents would appreciate your prayers for her.

        Additionally they could use your financial support toward legal bills that will exceed $100,000 and the portion of medical bills that they will personally have to cover.  Compassion Children’s Foundation has set up a fund for donations to help in both of these areas. 

        
Respectfully,


Peter H. Johnston, J.D.
President
The Texas Center for Family Rights website is to be used for educational purposes only.
It should not be interpreted as specific legal advice.
At times TCFR is able to make recommendations regarding attorneys in Texas who are able and willing to advocate on behalf of parental rights. TCFR recommends that you consult one of them or another attorney as you plan your legal course of action.
Texas Center for Family Rights is a non-profit corporation offering chaitable and educational services. TCFR had applied for 501(c)(3) status with the Internal Revenue Service.