In the Matter of D.R.

Jason and Leanne Rogers (defendants) were the parents of baby D.R., who suffered from epilepsy, a neurological disorder. Due to D.R.’s condition and seizures, D.R. was underdeveloped. During one particularly severe seizure, D.R. stopped breathing for 60 seconds. The parents refused to seek or receive any medical treatment for D.R. on the basis of their genuinely held religious beliefs. The Rogerses were members of the Church of Truth, a recognized church, which taught its congregation to reject medical treatment in favor of spiritual healing. The Department of Human Services (DHS) (plaintiff) received temporary emergency custody of D.R. and placed her with her paternal grandparents. Subsequently, D.R. was prescribed an oral drug that had a low incidence of side effects and was very effective at treating her condition. There was a good chance that D.R. would not need the drug anymore after two years. Without the drug, D.R.’s condition was severe and potentially life threatening. DHS filed a petition seeking adjudication of D.R. as a deprived child based on her parents’ medical neglect. The trial court considered the evidence, including the testimony of a neurologist. D.R.’s diagnosis and the drug’s efficacy were uncontested. The parents testified that they understood the situation but that nevertheless, if D.R. was returned to their care, they would stop the medication. The court found that D.R. was a deprived child, and the Rogerses appealed. The parents claimed that the court’s finding was improperly based on their religious beliefs.