August 4, 2011

Should the State Remove Very Obese Children from Their Parents?

A study published in the Journal of the American Medical Association suggests that children who are in the 99th percentile for body mass index and consume 1,000 calories per day more than they should might be better off being removed from their home. The researchers, Drs. Lindsey Murtagh and David Ludwig, cite “immediate and potentially irreversible consequences, most notably type 2 diabetes” as the leading reason.

While bariatric surgery is possible for adolescents, the researchers note the “long-term safety and effectiveness of this invasive procedure in adolescents remains unknown” and so protective custody has to remain an option.

The researchers note the federal definition of child abuse is, “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm . . . or an act or failure to act which presents an imminent risk of serious harm.”

Like under-nourishment that has long been considered child abuse, the researchers argue that state intervention, including “intermediate options such as in-home social supports, parenting training, counseling, and financial assistance” might be the best way to control childhood obesity.

Presenting legal justification for removing the child from the home may prove challenging the researchers acknowledge. Thus, they conclude it should be pursued only under carefully defined criteria.