Speaking of therapeutic courts, Charles G. Childress — now Texas CPS top gun in San Angelo — had this to say in a May 2008 article in the ABA’s GP Solo mag:
The Texas statute constitutes an interesting departure from the stance reflected in Parham that the courts have no role to play in assessing or enforcing a child’s decision with respect to medical treatment. By recognizing that children have a critical interest in their own care, and that the courts have a role in assessing the child’s wishes, it opens the door for change in the way we look at not only psychotropic drugs but all medical decisions involving children. It is an interesting experiment, and the final results are not yet in, but it may offer a new way of thinking about the issues involved.
The body of the article is somewhat technical, but I think Childress’ conclusion, above, fairly captures the mindset of the therapeutic courts crowd.
They have this giddy sense of exploration and discovery. “It is an interesting experiment.” Let’s play with a few families and set whether they scream. Imagine what we can do if we just forget all of that separation of duties stuff! Why should we make courts act impartially? It’s so stuffy and restraining! If kids can control their own medical decisions and courts can control children, what a marvelous world this would be!
{ 6 comments… read them below or add one }
Doran Williams 07.28.08 at 10:42 pm
Totalitarianism.
Jeny 07.28.08 at 11:21 pm
Scary! Forget about parental rights (or the responsibilities that go along with those rights), let’s just let the courts and the kids do the raising.
We. the parents, are only needed to do the birthing and pay the bills (taxes).
Scary.
cheese 07.28.08 at 11:40 pm
Let the courts decide for his kids maybe!! I know not what course others may take but as for me “give me liberty or give me death”!!!
jj 07.29.08 at 12:09 am
There is a mind set growing that is scarier than the dark ages! Creating laws to force entrapment. AZ and TX and UT are co-operatives in this. Collusion is going big time. The state officials are waging war on religion. We came here to these hallowed grounds on the invitation to freedom from government induced practice of religion. That is why there was a one way separation of church and state. To have government that would be tolarent of the freedom to worship how where, or what they may. The courts are overstepping their bounds with simingly impunity. Our government is out of control of itself! We seem to have radically dumped ourselves up-side down as a nation.
I am glad to see some level headed thinkers plodding the lonely path back. God bless you guys! Bless you to keep the good fight up. We desparately need the constitution restored. Walther and Childress and the likes are not going to do it for us.
coconuts 07.29.08 at 3:58 pm
In the 30’s, 40’s and 50’s, isn’t that exactly what happened with mentally ill people and severely handicapped or retarded children here? The “state” pushed for institutionalization where they experimented and often the child (or adult) was lost to their families within a decade or so. The details that have come out in the past few years are heart-breaking.
Isn’t that how Hitler started, too? “Let’s take care of those who can’t take care of themselves.” “Let’s fix them.” Let’s get rid of them.” And the net grew tighter until suddenly is was your neighbor–or family–who just happened to not be blue-eyed blond, state-religion enough to make it.
TxBluesMan 07.29.08 at 6:08 pm
If the children are with the parents (whether they should be or not), then CPS should not have the authority to require medical treatment unless it is a life threatening condition.
This ain’t one of those times.