Parents Sue for Right to Decline Newborn Medical Tests

Oct 26, 05:09 AM

Current Headlines: By Jennifer Palmer, Omaha World-Herald, Neb.

Oct. 26--Parents fighting for the right to opt out of a state-mandated newborn screening program for religious reasons filed a lawsuit Thursday against Department of Health and Human Services workers.

Mary and Josue Anaya of Omaha say their constitutional rights were violated when HHS workers placed their infant son, Joel, in state care Oct. 11, according to the lawsuit filed in U.S. District Court in Nebraska.

Even though the boy has already undergone the test, the Anayas say they are pursuing the federal case for the sake of other Nebraska children and the grandchildren they hope to have in the future.

Defendants named in the lawsuit are Christine Peterson, the head of HHS, and Julie Miller and Krystal Baumert, both coordinators of the newborn screening program.

An HHS spokeswoman said Thursday that the agency is unable to comment on the lawsuit because they have not seen it yet.

The tests, which involve pricking a baby's heel and drawing about five drops of blood, are used to screen for a variety of conditions, including cystic fibrosis and sickle cell disease, which could lead to mental retardation or death.

Jeff Downing, an attorney representing the family, said the Anayas should have been allowed a district court hearing to argue their objections to the testing. Instead, a petition was filed in Douglas County Juvenile Court requesting that the baby be removed from his home.

Juvenile Court Judge Elizabeth Crnkovich ordered the test at a hearing Oct. 12. Joel was kept in the state's care for six days until the test results, which were negative, were received.

Crnkovich also told HHS workers to restrict how often Mary Anaya visited her baby to breastfeed him.

"This family was traumatized by the removal and the baby's absence from them for six days. It was also extremely traumatic for baby Joel," Downing said.

Also Thursday, the Anayas filed an appeal in state court objecting to the judge's decisions to remove Joel from the home, to have the test performed and to restrict Mary Anaya's ability to breastfeed.

The problem with appealing, Downing said, is that those decisions can't be undone. But, he said, he still hopes to have a ruling on the issues.

Joel's parents say they objected to the blood being taken because of their religious beliefs and conscience. They believe in certain Scriptures that say life is in the blood but have declined to elaborate on those beliefs.

Most states provide some sort of exception for people who object to the blood tests based on "religious" or "sincerely held" beliefs. Nebraska has no such provision.

The Anayas previously fought a court order that required that the testing be done on their daughter, Rosa. But in 2005, the Nebraska Supreme Court upheld the order to have the testing performed. In that case, Rosa remained in the Anayas' custody while the case was being argued.

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