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E-mail sent to TCFR supporters June 14, 2005

CNN INTERVIEW ON KATIE WERNECKE PARENTAL RIGHTS CASE

Last week the plight of Katie Wernecke, a twelve year old cancer patient, gained national attention as CPS removed her from her family because of disagreements about medical treatment.

Over the weekend I was contacted by CNN to appear on its CNN Sunday Night broadcast to counter CPS spokesman, Darrell Azar about the battle of the state versus the Wernecke family.

Azar contended that the Wernecke�s history reflected resistance to CPS and that medical opinions conclusively showed the need for further treatment for Katie. According to him there was no other option but to remove Katie from her parents because of medical neglect. They also removed her siblings though by the time of the broadcast the siblings had been returned.

To counter his portrayal of the family I shared what the family would like to see according to discussions I had with Katie�s father and the parents attorney, Daniel Horne:

For Katie to get the right medical treatment possible
For Katie to be returned to the comforts of her home to relieve stress and avoid compromising her immune system.
For the family to receive all the medical information that would normally be made available to parents in order to make an informed decision on how to proceed.

When asked about their refusal of blood transfusion I explained that their preference was for her mother to donate the blood since both she and Katie are type "O positive". However, according to Dr. Wernecke the hospital would not do further tests of the mother�s blood to determine whether it was completely compatible with Katie�s.

Yesterday the Werneckes were supposed to be able to obtain the medical documentation that Katie�s condition showed that her cancer had returned. On Friday Dr. Alter of the Driscoll Children�s Hospital represented to the court that it had. The Werneckes hope to get an independent medical opinion.

In the midst of this custody battle one wonders how much responsibility CPS will take for its actions. While state statutes give it authority to remove children based on medical neglect, how much evidence ought to be gathered when that authority goes head to head with the fundamental constitutional rights of parents to the care, custody and control of their children?

And ultimately could CPS have been responsible for the cancer returning if indeed it did? In April an allegation was made that the Werneckes refused to do a transfusion for Katie. At that time she was in remission.

Then entered CPS with its threats of removal - not only of Katie but her siblings. It is a well-publicized fact that stress is a major factor in the survival rate of cancer victims. Most doctors currently do everything possible in their power to reduce stress levels in their cancer patients. In this case CPS threatened Katie and her siblings; afterward, according to the doctor working with CPS, data showed the cancer had returned. Might there be some relationship between the threat of removal and the return of cancer?

Katie and her family seemed to have well-founded concerns about the long term effects of Dr. Alter�s recommendation to combine radiation with chemo-therapy, especially since she is a female beginning adolescence. There are legitimate concerns about deforming her backbone, effects on breast development and other internal organs.

This family is not being medically neglectful. But they have asserted legitimate parental concerns and rights before the medical community and CPS, actions that all too often result in the vengeance of the system falling upon them.

Tomorrow the family will be in court for its 14 Day Adversary Hearing. Perhaps then we will know more conclusively what the medical data conclusively shows. But even if it does reflect the return of cancerous cells we may never know how culpable CPS has been through its threats to a twelve year old girl carrying a burden not only of her medical condition but that of the impact of removal of both her siblings and herself from their parents.

We will keep you posted as we learn more.

Respectfully,
Peter Johnston , J. D.
President
Texas Center for Family Rights