Judge: No forced treatment for Ohio convert
Legal News Center
A state juvenile court judge on Tuesday rejected the request of a Christian convert's Muslim parents to order their daughter to continue chemotherapy for uterine cancer.
The request from the parents of Rifqa Bary does not meet the legal requirement of a medical emergency needing immediate treatment, Franklin County Juvenile Court Magistrate Mary Goodrich said during a hearing.
Goodrich made the ruling at the beginning of what's expected to be the final court appearances by Bary, who remains in foster care in state custody until she turns 18 next week.
Bary wants Goodrich to determine that reconciliation with her parents is impossible. The stakes are higher than a family reunion. If the judge agrees with Rifqa Bary, an undocumented immigrant from Sri Lanka, the girl could also receive a special status allowing her to stay in the country.
Bary underwent successful cancer surgery in May and then was scheduled for 45 weeks of chemotherapy , which would give her an "80 to 90 percent chance" she'd be fine, Omar Tarazi, an attorney for Bary's parents, told the judge.
Instead, Bary stopped the chemotherapy after two or three rounds, deciding she'd been healed, Tarazi said. In a court filing last week, the girl's parents claimed she stopped after visiting a faith healer.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.