Fight Intensifies Over Who Acts for Children

Abraham Cherrix and dad Jay: "This is my body, and my parents have the right to help me take care of it the way they are." (By Steve Helber -- Associated Press)

With his family's support, Abraham began the Hoxsey regimen several months ago. His father says Abraham's tumors continue to grow, but more slowly.

Byrd reported the family to the Accomack County Department of Social Services, according to court documents, and after an investigation, the department accused the parents of medical neglect. The department's director did not return telephone calls yesterday.

A juvenile court judge not only agreed that Abraham's parents were neglecting his health, but several months ago he gave the department joint custody of the boy. On Friday, Judge Jesse Demps ordered Abraham's parents to bring him to the hospital yesterday and to consent to whatever treatment the hospital deemed necessary.

Yesterday's decision by Accomack County Circuit Court Judge Glen Tyler returned Abraham to the full custody of his parents in addition to overturning Friday's order.

Under U.S. Supreme Court and state court decisions, legal and medical experts said, parents are usually allowed to make medical decisions for their children. But some states, including Virginia, allow courts to override parental decisions if the child's health is endangered.

"Parents have the right to make decisions on behalf of a minor, but it's not an absolute right," McGuire said.

Virginia Attorney General Robert F. McDonnell (R) argued for the rights of Abraham's parents in a brief his office filed yesterday before the Circuit Court decision. "It is a long-recognized principle that parents act in the best interests of their children," said the brief, which quoted U.S. Supreme Court and other decisions.

McDonnell called on Tyler to overturn Friday's ruling, saying that the 10 days the Cherrix family had to appeal would be rendered moot if Abraham were forced to undergo treatment yesterday. The attorney general later said he applauded yesterday's decision.

Virginia Gov. Timothy M. Kaine (D) also discussed the case when asked about it on the "Ask the Governor" program on Washington Post Radio. "This is a hard, complicated case," said Kaine, adding that he is "confident that we have a good system here in Virginia and that the right decision will be made."