XPost: soc.support.fat-acceptance, tx.politics   
   From: giddyyup@yeehaw.com   
      
   In October, authorities removed an 8-year-old boy from his home   
   in Cleveland and placed him in foster care because county   
   officials said the mother was not doing enough to control the   
   child’s weight. At the time the boy was seized, he weighed more   
   than 200 pounds, which is well over three times the normal   
   weight of a child his age. The boy has since been placed with   
   his uncle.   
      
   The case has ignited a debate about whether extreme childhood   
   obesity should be reason enough to remove a child from his   
   family. To date, there have only been a handful of cases in the   
   U.S. where authorities intervened to remove a minor from a home   
   due to excessive weight. However, as childhood obesity rates   
   continue to climb, some believe the trend may grow.   
      
   “My research in this area leads me to believe that this is a   
   rising trend,” says Grant Varner, a lawyer at Varner & Segura,   
   who is representing a mother in a similar high-profile case.   
   “I’ve seen a couple cases out of Texas and the Midwest.   
   Sometimes they allow parents to keep custody and sometimes not.   
   There doesn’t seem to be a steady precedent.”   
      
   Growing Waistlines Are a Growing Problem   
      
   The Centers for Disease Control (CDC) maintains statistics on   
   childhood obesity. The data points to a dramatic increase in   
   childhood obesity in recent years, which gives reason to believe   
   the Ohio case may be part of a trend. For instance, according to   
   the CDC:   
      
   • Childhood obesity has more than tripled in the last 30 years.   
   • The percentage of children aged 6 to 11 years in the U.S. who   
   were obese increased from 7 percent in 1980 to nearly 20 percent   
   in 2008.   
   • The percentage of adolescents aged 12 to 19 years who were   
   obese increased from 5 percent to 18 percent over the same   
   period.   
   • In 2008, more than one third of children and adolescents were   
   overweight or obese.   
      
   Although each state has a different threshold for what it   
   considers a reason to intervene to remove a child from his   
   family, most states use a fairly simple and broad definition   
   that leaves a lot of room for interpretation.   
      
   “Here in South Carolina, the Department of Social Services can   
   intervene if there is possible abuse or neglect,” Varner says.   
   “It doesn’t go into any more detail than that.”   
      
   Still, there are few that deny that childhood obesity, if left   
   unchecked, could result in chronic illness or death. According   
   to a paper co-authored by Harvard Law and Public Health research   
   associate Lindsey Murtagh and Dr. David Ludwig, a childhood   
   obesity specialist, states have long pursued cases where parents   
   have dangerously underfed children. But only a handful of states   
   have “legal precedent for applying this framework to   
   overnourishment and severe obesity.”   
      
   “An increasing proportion of U.S. children are so severely obese   
   as to be at immediate risk for life-threatening complications   
   including type-2 diabetes,” the authors wrote in their paper.   
   “As an alternative [to pediatric surgical weight loss programs],   
   involvement of state protective services might be considered…”   
      
   Systemic Problem Can’t Be Solved in Court   
      
   To some extent, Varner agrees that childhood obesity should be   
   considered a reason for the state to intervene. However, he   
   believes the situations that call for such action are beyond the   
   norm.   
      
   “I feel you have to look at it in a very narrowly tailored way   
   with the parent either force feeding or withholding food from   
   the child in such a manner that is within their control,” Varner   
   says. “So if a family is on food stamps and can’t afford to   
   properly feed their child, that would be considered beyond their   
   control and not a reason to intervene necessarily.”   
      
   Varner also adds that it can be difficult to determine whether a   
   child’s obesity is due to parental neglect or a completely   
   unrelated outside factor. He is currently representing Jerri   
   Gray, a South Carolina woman who in 2009 lost custody of her 14-   
   year-old son and was charged with criminal neglect after he hit   
   555 pounds.   
      
   “I will be one of the first to admit that it’s hard to deny that   
   555 pounds is not a problem,” Varner says. “The question is   
   what’s the problem? Was it medical or overfeeding? And if it was   
   related to eating, how can you hold a mother responsible for   
   what a high school student is doing? He may have been acquiring   
   food elsewhere, like from friends at school.”   
      
   Gray’s family court issues are nearly resolved, though some   
   criminal charges are still pending. Meanwhile, her son is now 17   
   and working on controlling his weight.   
      
   But beyond deciphering the root of the problem in cases like   
   Gray’s and the one in Ohio, Varner says there just isn’t a   
   framework in place to help these overweight minors.   
      
   “I think the system is broken,” Varner says. “It’s not prepared   
   to handle cases like this. Should weight be considered? At this   
   point in time, we just aren’t prepared to deal with it. But I   
   think ultimately it will become a consideration in custody   
   cases.”   
      
   http://www.jdsupra.com/post/documentViewer.aspx?fid=416dae8a-   
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