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Court Invalidates Arrangement With Jehovah's Witnesses On Orders For Blood Transfusions

By Howard M. Friedman

In San Joaquin County Human Services Agency v. Marcus W., (CA App., June 2, 2010), a California appellate court essentially invalidated an arrangement that the County Human Services Agency had made over a decade ago with a Jehovah's Witnesses organization. Under the arrangement, doctors seeking court orders for blood transfusions for minor children of Jehovah's Witnesses could obtain a hearing and an order without the stigma of filing a dependency petition which implies parental abuse or neglect. According to the court, the arrangement, while well-intended, is illegal. California's Welfare and Institutions Code, Sec. 369, gives the juvenile court jurisdiction to order medical care for a minor only if the minor has been taken into temporary custody or is a dependent of the court or is named in a petition to be declared a dependent. The court concluded that the juvenile court lacked jurisdiction to enter an order requiring a 16-year old suffering from sickle cell anemia to undergo periodic blood transfusions in violation of his religious beliefs. Yesterday's Los Angeles Metropolitan News-Enterprise reports on the decision.

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