Starchild Abraham Cherrix (right) the teen who won a court battle last summer to forgo chemotherapy to treat his Hodgkin's disease, speaks out in Richmond. ALEXA WELCH EDLUND/THE RICHMOND TIMES-DISPATCH Visit the Photo Place

'Abraham's Law' eases state power

Legislation would let children and families make decisions on proper medical treatment.

By CHELYEN DAVIS

Date published: 1/10/2007

RICHMOND--Last year, Abraham Cherrix's parents were charged with neglect for allowing the cancer-stricken teenager to reject radiation therapy and pursue alternative medicine.

Now, a state delegate is introducing legislation--called "Abraham's Law"--that would ensure that other parents don't have the same court battle to make medical decisions with their children.

The bill, filed yesterday by Del. John Welch, R-Virginia Beach, amends the child neglect part of the state code. It says that it is not to be considered neglect if the parents or guardian of a child with a life-threatening condition decide to refuse certain medical treatments, if the child and parent make the decision together; if the child is mature enough to have an "informed opinion"; if the parents and child have considered alternative treatment options; and if the parents and child truly believe such a decision is in the child's best interest.

The Cherrix case made national headlines last summer when he and his parents decided to forgo chemotherapy and pursue alternative therapies for his Hodgkin's lymphoma, after a previous round of chemotherapy did not cure him.

His oncologist reported the Cherrixes to social services, which began legal proceedings. Cherrix could have been forced to undergo chemotherapy, which he and his parents felt could kill him, and his parents could have been jailed.

Last August, however, a judge in Accomack County cleared Cherrix's parents of neglect and allowed Cherrix to pursue the alternative treatment. Since then, Cherrix says, his tumors have shrunk, he feels much healthier, and he's back at school, at Chincoteague High School.

Welch said his bill doesn't change the law in any way that would weaken the protections it gives children. He said he just intends to provide more options to parents and judges in cases like Cherrix's.

"It will close a major gap that was exposed in the code of Virginia by Abraham Cherrix's case," Welch said. "It will not open Pandora's box. Parental rights should be paramount, and that's what we're trying to do."

John Stepanovich, the Cherrix family's lawyer, said there is a legitimate government interest in protecting children.

But, he said, "parents have the paramount right to protect their children" and Welch's bill seeks to clarify that.

The legislative session starts today and lasts for 46 days.

To reach CHELYEN DAVIS: 804/782-9362
Email: cdavis@freelancestar.com

What the bill does It says that it is not to be considered neglect if the parents or guardian of a child with a life-threatening condition decide to refuse certain medical treatments if: The child and parents make the decision together; The child is mature enough to have an "informed opinion'' The parents and child have considered alternative treatment options'' The parents and child truly believe such a decision is in the child's best interest. What the bill does It says that it is not to be considered neglect if the parents or guardian of a child with a life-threatening condition decide to refuse certain medical treatments if: The child and parents make the decision together; The child is mature enough to have an "informed opinion"; The parents and child have considered alternative treatment options; The parents and child truly believe such a decision is in the child's best interest.

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Date published: 1/10/2007

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