This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.