Nature of the Case
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Facts
Colin was three years old and had a deadly and aggressive form of cancer called Burkitt's Lymphoma. His parents, Newmarks, were Christian Scientists. CPS petitioned the court to gain custody of the child in order to treat his disease with chemotherapy as that had a 40% chance of success. The Newmarks claimed that the State's taking their child away violated their First Amendment rights. The Family Court rejected that argument and gave custody to CPS. The Newmarks were permitted to appeal, and it was heard on an emergency basis.
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