In re D.K.
Pennsylvania Court of Common Pleas
58 Pa. D. & C. 4th 353 (2002)
- Written by Katrina Sumner, JD
Facts
By the age of 16, minor child D.K., who was only 5 feet 3 inches tall, weighed 451 pounds. School officials were concerned about D.K.’s weight, substandard performance in school, and absenteeism. As a result, D.K. was evaluated by a doctor, who determined that his health had reached a life-threatening state. D.K. was diagnosed with morbid obesity and hospitalized for six days. D.K.’s health complications already included an enlarged liver, high blood pressure, respiratory issues, insulin resistance, sleep apnea, and knee pain. D.K. was also depressed. D.K.’s father had died of a heart attack, and D.K. was being raised by his mother (defendant). Unfortunately, D.K.’s mother was also obese and weighed around 600 pounds. She was homebound and did not go to medical appointments with D.K. or even visit him while he was hospitalized. D.K. had been obese since he was three years old and had gained 100 pounds in the last year alone. Yet D.K.’s mother did not seek the aid of a dietitian or do anything about D.K.’s school performance or absenteeism. D.K.’s doctors made a referral to Children and Youth Services (CYS) (plaintiff). D.K.’s mother agreed to place D.K. in CYS custody. D.K. was placed in a foster home and placed on a specific diet supervised by a physician. D.K. was also advised to exercise. By the time of the first hearing to check D.K.’s status, D.K. had already lost 50 pounds in only three months. D.K. wanted to go home, and his mother wanted to be reunited with him. D.K. felt that he could maintain his new diet with his mother’s help. However, a nutritionist testified that he did not believe D.K.’s mother would be able to provide the support D.K. needed, which was critical. A return to D.K.’s former lifestyle would lead to death in his 30s. A court considered whether D.K. should be reunited with his mother at that time or be adjudicated dependent under Pennsylvania’s juvenile act.
Rule of Law
Issue
Holding and Reasoning (Saylor, J.)
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