Contra Costa County Department v. Ted B.

—The novel issue presented is whether the juvenile court can order that a dependent minor undergo periodic medical monitoring to detect the possible recurrence of a life-threatening disease notwithstanding objections by the child’s parents that such would violate their religious beliefs and constitutional rights.

Background

The history and pertinent circumstances behind this appeal can be briefly summarized.

The minor, Eric B., was bom on November 22, 1980. His parents are Christian Scientists. In September of 1983 the parents noticed a problem with one of Eric’s eyes and took him to a physician. The initial diagnosis was glaucoma, but further testing disclosed that Eric had retinal blastoma; *1000 in simple terms, eye cancer. In November, at the express request and authorization of Eric’s parents, his left eye was surgically removed. Tests conducted subsequent to the surgery raised the possibility that not all of the cancer had been extirpated. Chemotherapy and radiation were recommended. The parents refused; they preferred to continue Eric’s regular visits with an accredited Christian Science practitioner, which had started before the operation.

In January of 1984…