Supreme Court of Delaware
588 A.2d 1108 (1991)
Colin Newmark, a three-year-old child, faced death if his aggressive form of pediatric cancer, Burkitt’s Lymphoma, went untreated. Colin’s parents were Christian Scientists who opposed the use of any medical treatment and instead, relied on spiritual aid and prayer. The Delaware Division of Child Protective Services (DCPS) petitioned a family court for temporary custody of Colin so that his condition could be treated with an invasive and painful chemotherapy treatment that had less than a 40 percent chance for success. If left untreated, Colin had six to eight months to live. Colin’s parents objected to the petition and relied on state law which exempted parents from state abuse and neglect statutes if they refused to medically treat a child’s illness based on religious beliefs. The parents also claimed that removing Colin from their custody would violate their First Amendment right under the U.S. Constitution to freely exercise their religion.
Rule of Law
Holding and Reasoning (Moore, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.