In re Christopher I.

131 Cal. Rptr. 2d 122 (2003)

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In re Christopher I.

California Court of Appeal
131 Cal. Rptr. 2d 122 (2003)

Facts

An infant, Christopher, was placed into the protective custody of the state after Christopher suffered severe physical abuse at the hands of his father, Moises. At an evidentiary hearing before the juvenile court, evidence was presented by doctors familiar with Christopher’s case showing that Christopher was comatose, hospitalized in intensive care, and dependent on a ventilator to live. The evidence also showed that although Christopher was not brain dead, (1) he was in a persistent vegetative state; (2) future medical treatment would be futile; and (3) even if Christopher remained on the ventilator, he would eventually die from treatment complications. Likewise, evidence indicated that Christopher was in substantial pain and that his condition was likely to result in further medical issues. Christopher’s mother sought withdrawal of Christopher’s life-sustaining care. Based on the unanimous concurrence of Christopher’s physicians that withdrawal of treatment was in Christopher’s best interests, counsel appointed to represent Christopher’s interests agreed. Moises opposed the request. The juvenile court ruled that there was clear and convincing evidence that the withdrawal of life-sustaining treatment was in Christopher’s best interests. Moises appealed.

Rule of Law

Issue

Holding and Reasoning (Fybel, J.)

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