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Court Says Dependency Finding Did Not Infringe Parents' Free Exercise Rights

By Howard M. Friedman

In In re Z.S., (OH Ct. App., May 3, 2010), an Ohio appellate court rejected the claim that parents' free exercise rights and their right to control the education of their six children were infringed by a Juvenile Court's determination that the children were neglected and dependent. The children, three of whom are autistic, were placed in temporary custody of the state. Reviewing the evidence, the court said:

Mrs. Siefker's beliefs, known only to her, were constantly changing and often carried the appearance of being pre-textual in order to keep the children confined to her home and under her exclusive control. While she steadfastly professed to believe in the existence of God and Jesus Christ and that the original King James version of the Bible was true, the "tenets" or "rules" of her faith were always in flux, rarely remaining the same from day-to-day. For instance, one day something was not sinful, the next day it was. Thus, it is difficult to determine what is truly held because it could change the next day, the next week, or the next month. Moreover, more than one person ... opined that these beliefs were intertwined with Mrs. Siefker's mental condition, particularly her OCD and anxiety issues. This renders it nearly impossible to discern whether a particular position she has is based on her religious beliefs, her mental condition(s), or a combination of the two. Further, Mr. Siefker seems to follow whatever belief his wife has, rather than forming his own belief system. Thus, determining whether he truly holds these beliefs is also difficult, if not impossible.

Full post as published by Religion Clause on May 04, 2010 (boomark / email).