State v. Rogers (In Re D.R.)

20 P.3d 166 (2001)

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Nature of the Case

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Facts

Ds are the parents of an infant daughter, D.R., who at the time of hearing, was seventeen months old. D.R. has suffered from frequent seizure activity, along with developmental difficulties, including small size, poor motor skills, and visual and hearing impairment. Because of their religious beliefs, Ds did not voluntarily seek medical evaluation or treatment for D.R.'s seizures. When D.R. was approximately ten months old, the Department of Human Services (DHS) was informed of D.R.'s problems. D, at the urging of the paternal grandparents, sought a medical evaluation of D.R. Ds did obtain physical therapy for D.R. three times a week, which seemed to benefit the child. While at the therapy clinic, D.R. experienced a severe seizure that lasted about ten minutes, during which time she stopped breathing for 60 seconds. Ds refused any further medical evaluation or treatment of D.R. and discontinued the physical therapy. DHS filed an application with the district court seeking temporary emergency custody of the child. The application was granted, and DHS then placed D.R. in the home of her paternal grandparents, who agreed to cooperate with treatment for the child. The State (P) filed a petition seeking adjudication of D.R. as a deprived child, based on medical neglect. D.R. had a severe medical condition that was potentially life-threatening. Ds stated their intent to refuse any further treatment of D.R. because of their religious beliefs. They are members of The Church of Truth, which teaches its members to reject medical treatment of all illnesses in favor of spiritual healing. The trial court adjudged D.R. a deprived child and awarded custody to DHS.Ds appealed.