Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Anderson: The Family that Eats Together, Stays Together

Anderson: The Family that Eats Together, Stays Together

Ratings: (0)|Views: 577|Likes:
Cory Andis was a four-year-old boy in need of a helping hand. Cory weighed 138 pounds, almost four times the average weight of a four year old. Doctors at Riley Hospital in Indianapolis urged Cory’s parents to enforce a strict, healthy diet, by providing the family with a diet plan, nutritionists, and nurses to assist with the weight loss. Cory’s weight problem was affecting him in a number of ways: he was forced to wear an oxygen machine to move around, he suffered from sleep apnea, a life-threatening condition, he had to have his tonsil and adenoids removed.
The reason Cory was morbidly obese was because Cory’s parents failed to provide him with the proper diet necessary to lead a healthy lifestyle and protect their son from morbid obesity. However, once social workers and doctors began working with the family, Cory’s parents became resentful and complained to a nurse about being instructed on nutrition. Failing to understand the severity of the situation, Cory’s parents even fed him a fast-food meal while in the hospital, in direct violation of the doctor’s diet. The state removed Cory from the home and his parents were charged with five counts of criminal neglect. In foster care, Cory lost more than fifty pounds and his health problems significantly diminished. Cory’s parents were later able to regain custody and provide Cory with the proper nutrition he needed.
Becoming a parent imposes many rights as well as duties. The state, through its parens patriae power can determine under what circumstances a parent has failed to meet these obligations such that the state must step in to protect the child from harm. This Note argues that when parents facilitate their child’s obesity this constitutes neglect and removal of the child from the home is proper under established precedent. While removal and termination of parental rights need not be exercised in every instance of childhood obesity, it should remain an option for judges who determine that, given the facts and circumstances surrounding the neglect, reasonable efforts to keep the family together have failed and removal is in the best interest of protecting the child from harm.
Cory Andis was a four-year-old boy in need of a helping hand. Cory weighed 138 pounds, almost four times the average weight of a four year old. Doctors at Riley Hospital in Indianapolis urged Cory’s parents to enforce a strict, healthy diet, by providing the family with a diet plan, nutritionists, and nurses to assist with the weight loss. Cory’s weight problem was affecting him in a number of ways: he was forced to wear an oxygen machine to move around, he suffered from sleep apnea, a life-threatening condition, he had to have his tonsil and adenoids removed.
The reason Cory was morbidly obese was because Cory’s parents failed to provide him with the proper diet necessary to lead a healthy lifestyle and protect their son from morbid obesity. However, once social workers and doctors began working with the family, Cory’s parents became resentful and complained to a nurse about being instructed on nutrition. Failing to understand the severity of the situation, Cory’s parents even fed him a fast-food meal while in the hospital, in direct violation of the doctor’s diet. The state removed Cory from the home and his parents were charged with five counts of criminal neglect. In foster care, Cory lost more than fifty pounds and his health problems significantly diminished. Cory’s parents were later able to regain custody and provide Cory with the proper nutrition he needed.
Becoming a parent imposes many rights as well as duties. The state, through its parens patriae power can determine under what circumstances a parent has failed to meet these obligations such that the state must step in to protect the child from harm. This Note argues that when parents facilitate their child’s obesity this constitutes neglect and removal of the child from the home is proper under established precedent. While removal and termination of parental rights need not be exercised in every instance of childhood obesity, it should remain an option for judges who determine that, given the facts and circumstances surrounding the neglect, reasonable efforts to keep the family together have failed and removal is in the best interest of protecting the child from harm.

More info:

Categories:Types, Business/Law
Published by: New England Law Review on Jan 18, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/24/2013

pdf

text

original

 
A
NDERSON
 
N
OTE
 
P
OST
 
5
 
(D
O
 
N
OT
 
D
ELETE
)
 
1/24/2013
 
11:00
 
AM
 
189
 
The
 
Family
 
That
 
Eats
 
Together,
 
Stays
 
Together:
 
Setting
 
Table
 
Standards
 
for
 
Childhood
 
Obesity,
 
Neglect,
 
and
 
the
 
Family
 
Unit
 
A
LAINA
 
A
NDERSON
*
 
A
BSTRACT
 
Cory
 
Andis
 
was
 
a
 
four
year
old
 
 boy
 
in
 
need
 
of
 
a
 
helping
 
hand.
 
Cory
 
weighed
 
138
 
pounds,
 
almost
 
four
 
times
 
the
 
average
 
weight
 
of
 
a
 
four
 
year
 
old.
 
Doctors
 
at
 
Riley
 
Hospital
 
in
 
Indianapolis
 
urged
 
Cory’s
 
parents
 
to
 
enforce
 
a
 
strict,
 
healthy
 
diet,
 
 by
 
providing
 
the
 
family
 
with
 
a
 
diet
 
plan,
 
nutritionists,
 
and
 
nurses
 
to
 
assist
 
with
 
the
 
weight
 
loss.
 
Cory’s
 
weight
 
problem
 
was
 
affecting
 
him
 
in
 
a
 
number
 
of
 
ways:
 
he
 
was
 
forced
 
to
 
wear
 
an
 
oxygen
 
machine
 
to
 
move
 
around,
 
he
 
suffered
 
from
 
sleep
 
apnea,
 
a
 
life
threatening
 
condition,
 
he
 
had
 
to
 
have
 
his
 
tonsil
 
and
 
adenoids
 
removed.
 
The
 
reason
 
Cory
 
was
 
morbidly
 
obese
 
was
 
 because
 
Cory’s
 
parents
 
failed
 
to
 
provide
 
him
 
with
 
the
 
proper
 
diet
 
necessary
 
to
 
lead
 
a
 
healthy
 
lifestyle
 
and
 
protect
 
their
 
son
 
from
 
morbid
 
obesity.
 
However,
 
once
 
social
 
workers
 
and
 
doctors
 
 began
 
working
 
with
 
the
 
family,
 
Cory’s
 
parents
 
 became
 
resentful
 
and
 
complained
 
to
 
a
 
nurse
 
about
 
 being
 
instructed
 
on
 
nutrition.
 
Failing
 
to
 
understand
 
the
 
severity
 
of
 
the
 
situation,
 
Cory’s
 
parents
 
even
 
fed
 
him
 
a
 
fast
food
 
meal
 
while
 
in
 
the
 
hospital,
 
in
 
direct
 
violation
 
of
 
the
 
doctor’s
 
diet.
 
The
 
state
 
removed
 
Cory
 
from
 
the
 
home
 
and
 
his
 
parents
 
were
 
charged
 
with
 
five
 
counts
 
of
 
criminal
 
neglect.
 
In
 
foster
 
care,
 
Cory
 
lost
 
more
 
than
 
fifty
 
pounds
 
and
 
his
 
health
 
problems
 
significantly
 
diminished.
 
Cory’s
 
parents
 
were
 
later
 
able
 
to
 
regain
 
custody
 
and
 
provide
 
Cory
 
with
 
the
 
proper
 
nutrition
 
he
 
needed.
 
*
 
Candidate
 
for
 
 Juris
 
Doctor,
 
New
 
England
 
Law
 
|
 
Boston
 
(2013).
 
B.A.,
 
History,
 
Boston
 
University
 
(2010).
 
I
 
would
 
like
 
to
 
thank
 
my
 
loving
 
family
 
for
 
their
 
dedication
 
and
 
support.
 
 
A
NDERSON
 
FINAL
 
(PRINT)
 
(D
O
 
N
OT
 
D
ELETE
)
 
1/24/2013
 
11:00
 
AM
 
190
 
New
 
England
 
Law
 
Review
 
v.
 
47
 
|
 
189
 
Becoming
 
a
 
parent
 
imposes
 
many
 
rights
 
as
 
well
 
as
 
duties.
 
The
 
state,
 
through
 
its
 
 parens
 
 patriae
 
power
 
can
 
determine
 
under
 
what
 
circumstances
 
a
 
parent
 
has
 
failed
 
to
 
meet
 
these
 
obligations
 
such
 
that
 
the
 
state
 
must
 
step
 
in
 
to
 
protect
 
the
 
child
 
from
 
harm.
 
This
 
Note
 
argues
 
that
 
when
 
parents
 
facilitate
 
their
 
child’s
 
obesity
 
this
 
constitutes
 
neglect
 
and
 
removal
 
of
 
the
 
child
 
from
 
the
 
home
 
is
 
proper
 
under
 
established
 
precedent.
 
While
 
removal
 
and
 
termination
 
of
 
parental
 
rights
 
need
 
not
 
 be
 
exercised
 
in
 
every
 
instance
 
of
 
childhood
 
obesity,
 
it
 
should
 
remain
 
an
 
option
 
for
 
 judges
 
who
 
determine
 
that,
 
given
 
the
 
facts
 
and
 
circumstances
 
surrounding
 
the
 
neglect,
 
reasonable
 
efforts
 
to
 
keep
 
the
 
family
 
together
 
have
 
failed
 
and
 
removal
 
is
 
in
 
the
 
 best
 
interest
 
of
 
protecting
 
the
 
child
 
from
 
harm.
 
I
NTRODUCTION
 
ory
 
Andis
 
was
 
a
 
four
year
old
 
 boy
 
in
 
need
 
of
 
a
 
helping
 
hand.
1
 
Cory
 
weighed
 
138
 
pounds—almost
 
four
 
times
 
the
 
average
 
weight
 
of
 
a
 
four
 
year
 
old.
2
 
Doctors
 
at
 
Riley
 
Hospital
 
in
 
Indianapolis
 
urged
 
Cory’s
 
parents
 
to
 
enforce
 
a
 
strict,
 
healthy
 
diet
 
 by
 
providing
 
the
 
family
 
with
 
a
 
diet
 
plan,
 
nutritionists,
 
and
 
nurses
 
to
 
assist
 
with
 
the
 
weight
 
loss.
3
 
Cory’s
 
weight
 
problem
 
was
 
affecting
 
him
 
in
 
a
 
number
 
of
 
ways:
 
he
 
was
 
forced
 
to
 
wear
 
an
 
oxygen
 
machine
 
to
 
move
 
around,
 
he
 
suffered
 
from
 
sleep
 
apnea—a
 
life
threatening
 
condition—and
 
he
 
had
 
to
 
have
 
his
 
tonsils
 
and
 
adenoids
 
removed.
4
 
Cory
 
was
 
morbidly
 
obese
 
 because
 
his
 
parents
 
had
 
failed
 
to
 
provide
 
their
 
child
 
with
 
the
 
proper
 
diet
 
necessary
 
to
 
lead
 
a
 
healthy
 
lifestyle.
5
 
However,
 
once
 
social
 
workers
 
and
 
doctors
 
 began
 
working
 
with
 
the
 
family,
 
Cory’s
 
parents
 
 became
 
resentful
 
and
 
complained
 
to
 
a
 
nurse
 
about
 
 being
 
instructed
 
on
 
nutrition.
6
 
Failing
 
to
 
understand
 
the
 
severity
 
of
 
the
 
situation,
 
Cory’s
 
parents
 
even
 
fed
 
him
 
a
 
fast
food
 
meal
 
while
 
in
 
the
 
hospital—in
 
1
 
Laura
 
A.
 
Kelley,
 
What
 
Should
 
Be
 
the
 
Standards
 
 for
 
Intervening
 
Between
 
Parent
 
and
 
Child?
 
The
 
Parental
 
Prosecution
 
 for
 
a
 
Young
 
Boy
ʹ
s
 
Obesity
 ,
 
9
 
B
UFF
.
 
W
OMEN
ʹ
S
 
L.J.
 
7,
 
7
9
 
(2001).
 
2
 
Id.
 
at
 
7.
 
3
 
Id.
 
at
 
8.
 
4
 
Id.
 
at
 
9.
 
Sleep
 
apnea
 
is
 
the
 
involuntary
 
cessation
 
of
 
 breathing
 
that
 
occurs
 
during
 
sleep,
 
which,
 
if
 
untreated,
 
can
 
cause
 
high
 
 blood
 
pressure,
 
heart
 
disease,
 
stroke,
 
diabetes,
 
depression,
 
and
 
other
 
ailments.
 
Sleep
 
 Apnea
 ,
 
A
M
.
 
S
LEEP
 
A
PNEA
 
A
SSOC
.,
 
http://sleepapnea.org/learn/
 
sleep
apnea.html
 
(last
 
visited
 
 July
 
16,
 
2012).
 
Adenoids
 
are
 
tissues
 
in
 
the
 
nasal
 
cavity
 
that
 
protect
 
children
 
from
 
getting
 
sick
 
 by
 
trapping
 
harmful
 
 bacteria
 
and
 
viruses
 
that
 
are
 
 breathed
 
in
 
or
 
swallowed.
 
 All
 
 About
 
 Adenoids
 ,
 
K
IDS
H
EALTH
 ,
 
http://kidshealth.org/kid/ill_injure/sick/
 
adenoids.html#
 
(last
 
visited
 
 July
 
16,
 
2012).
 
5
 
Kelley,
 
supra
 
note
 
1,
 
at
 
8
9.
 
6
 
Id.
 
at
 
8.
 
C
 
A
NDERSON
 
FINAL
 
(PRINT)
 
(D
O
 
N
OT
 
D
ELETE
)
 
1/24/2013
 
11:00
 
AM
 
2012
 
The
 
Family
 
That
 
Eats
 
Together,
 
Stays
 
Together
 
191
 
direct
 
violation
 
of
 
Cory’s
 
required
 
diet.
7
 
The
 
state
 
removed
 
Cory
 
from
 
the
 
home
 
and
 
his
 
parents
 
were
 
charged
 
with
 
five
 
counts
 
of
 
criminal
 
neglect.
8
 
In
 
foster
 
care,
 
Cory
 
lost
 
more
 
than
 
fifty
 
pounds
 
and
 
his
 
health
 
problems
 
significantly
 
diminished.
9
 
The
 
only
 
way
 
Cory’s
 
parents
 
would
 
 be
 
able
 
to
 
regain
 
custody
 
is
 
if
 
they
 
could
 
prove
 
that
 
returning
 
Cory
 
to
 
their
 
home
 
would
 
 be
 
in
 
his
 
 best
 
interest—that
 
they
 
could
 
provide
 
him
 
with
 
a
 
strict
 
diet
 
and
 
a
 
healthy
 
lifestyle.
10
 
Becoming
 
a
 
parent
 
imposes
 
many
 
rights
 
as
 
well
 
as
 
duties.
11
 
A
 
state,
 
through
 
its
 
 parens
 
 patriae
 
power,
 
can
 
determine
 
under
 
what
 
circumstances
 
a
 
parent
 
has
 
failed
 
to
 
meet
 
these
 
obligations
 
such
 
that
 
the
 
state
 
must
 
step
 
in
 
to
 
protect
 
the
 
child
 
from
 
harm.
12
 
Due
 
to
 
the
 
extreme
 
harm
 
caused
 
 by
 
childhood
 
obesity,
 
several
 
states
 
have
 
determined
 
that
 
intervention
 
into
 
the
 
home
 
is
 
warranted
 
where
 
the
 
parents
 
have
 
failed
 
to
 
provide
 
sufficient
 
nutritional
 
needs
 
in
 
order
 
to
 
allow
 
the
 
child
 
to
 
lead
 
a
 
healthy
 
lifestyle.
13
 
This
 
Note
 
argues
 
that
 
when
 
parents
 
facilitate
 
their
 
child’s
 
obesity,
 
this
 
constitutes
 
neglect
 
and
 
removal
 
of
 
the
 
child
 
from
 
the
 
home
 
is
 
proper
 
under
 
established
 
precedent.
 
Part
 
I
 
provides
 
an
 
overview
 
of
 
state
 
intervention
 
into
 
the
 
family
 
sphere,
 
including
 
(1)
 
the
 
historical
 
 basis
 
for
 
intervention;
 
(2)
 
the
 
scope
 
and
 
development
 
of
 
child
 
neglect;
 
and
 
(3)
 
the
 
state’s
 
 parens
 
 patriae
 
power
 
which
 
 justifies
 
removal
 
in
 
certain
 
circumstances.
 
Part
 
II
 
will
 
examine
 
the
 
current
 
state
 
of
 
the
 
American
 
obesity
 
crisis,
 
 by
 
discussing
 
the
 
scientific
 
underpinnings
 
and
 
identifying
 
the
 
legal
 
and
 
 judicial
 
response
 
to
 
childhood
 
obesity.
 
Part
 
III
 
will
 
identify
 
the
 
leading
 
cause
 
of
 
the
 
obesity
 
crisis
 
 by
 
highlighting
 
the
 
home
 
environment
 
and
 
the
 
parent’s
 
role
 
in
 
this
 
epidemic.
 
Specifically,
 
Part
 
A
 
will
 
argue
 
that
 
parenting
 
choices
 
cause
 
“secondhand
 
obesity”
 
and
 
constitute
 
neglect.
 
Part
 
B
 
will
 
argue
 
that
 
 judicial
 
approaches
 
to
 
obesity
 
focusing
 
on
 
the
 
family
 
and
 
the
 
home,
 
rather
 
than
 
socioeconomic
 
factors,
 
are
 
the
 
correct
 
application
 
of
 
neglect
 
law
 
to
 
the
 
childhood
 
obesity
 
crisis.
 
Part
 
C
 
will
 
argue
 
that
 
the
 
income
 
disparities
 
in
 
access
 
to
 
healthy
 
food
 
and
 
dietary
 
education,
 
if
 
any,
 
can
 
 be
 
overcome
 
through
 
reasonable
 
efforts
 
and
 
do
 
not
 
excuse
 
neglect.
 
Finally,
 
Part
 
IV
 
will
 
illustrate
 
that
 
where
 
reasonable
 
efforts
 
to
 
reunify
 
the
 
family
 
have
 
failed,
 
removal
 
is
 
in
 
the
 
“best
 
interest
 
of
 
the
 
child”
 
to
 
protect
 
the
 
child
 
from
 
severe
 
physical
 
and
 
emotional
 
harm
 
caused
 
 by
 
childhood
 
obesity.
 
7
 
Id.
 
8
 
Id.
 
at
 
7.
 
9
 
Id.
 
at
 
9.
 
10
 
See
 
id.
 
at
 
10
11.
 
11
 
See
 
infra
 
Part
 
I.A.
 
12
 
See
 
infra
 
Part
 
I.
 
13
 
See
 
infra
 
Part
 
II.B.
 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->