In the Interest of: A.W., JR., a Minor

CourtSuperior Court of Pennsylvania
DecidedApril 12, 2018
Docket328 EDA 2017
StatusUnpublished

This text of In the Interest of: A.W., JR., a Minor (In the Interest of: A.W., JR., a Minor) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of: A.W., JR., a Minor, (Pa. Ct. App. 2018).

Opinion

J-S10001-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: A.W., JR., : IN THE SUPERIOR COURT OF S.W., J.W., AND M.W.,: MINOR : PENNSYLVANIA CHILDREN : : : APPEAL OF: A.W., SR., FATHER, : AND T.A., MOTHER : : : No. 328 EDA 2017

Appeal from the Order Entered December 14, 2016 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-DP-0001428-2016, CP-51-DP-0001513-2016, CP-51-DP-0001514-2016, CP-51-DP-0001515-2016, FID# 51-FN-001537-2016

BEFORE: BOWES, J., OLSON, J., and NICHOLS, J.

MEMORANDUM BY BOWES, J.: FILED APRIL 12, 2018

A.W., Sr. (“Father”) and T.A. (“Mother”) (collectively, “Parents”) appeal

from the order entered on December 14, 2016, wherein the juvenile court

directed the Philadelphia Department of Human Services (“DHS”) to fully

vaccinate and immunize Parents’ four minor sons: S.W., A.W., Jr., J.W., and

M.W. We affirm.

The juvenile court summarized the relevant factual history of this case

as follows.

On July 9, 2016[,] DHS received a Child Protective Services (CPS) report alleging that A.W.[, Jr., born August 2010,] was hospitalized at the Children’s Hospital of Philadelphia (CHOP) and was diagnosed with a rare form of epilepsy named, “Refractory Epilepsy.” The family was visiting an unidentified person in Lehigh County when A.W.[, Jr.] had a seizure and was transported to a hospital in Lehigh County and [then] transferred to CHOP. Mother refused medical treatment for A.W.[, Jr.] because she believed J-S10001-18

the anti-seizure medication prescribed to A.W.[, Jr.] was increasing his seizures. Mother attempted to remove A.W.[, Jr.] from CHOP. CHOP staff would not allow Mother to remove A.W.[, Jr.] as it would have endangered A.W.[, Jr.]’s life not to receive the prescribed medication. The report stated A.W.[, Jr.] resided in the state of Delaware. The report stated the family had an open case in Lehigh County Children and Youth Services (CYS).

On July 10, 2016, D[H]S received a supplemental report alleging that A.W.[, Jr.] was having increased seizure activity. CYS previously had physical custody of A.W.[, Jr.] and returned physical custody to Mother on July 5, 2016[,] to make medical decisions for A.W.[, Jr.]. Mother continued to refuse treatment on the evening of July 9, 2016[,] as A.W.[, Jr.] suffered increased seizures. The report further stated that if Mother continued to refuse medical care for A.W.[, Jr.], he would suffer either neurological damages or sudden death. The report stated between the evening of July 9, 2016[,] and the morning of July 10, 2016, A.W.[, Jr.] experienced at least 42 seizures. As a result of the 42 seizures, A.W.[, Jr.]’s medical status had deteriorated. A.W.[, Jr.] was moved to the Pediatric Intensive Care Unit (PIC) and was intubated.

Juvenile Court Opinion, 11/1/17, at 1-2.

On July 10, 2016, DHS obtained an Order of Protective Custody (“OPC”)

for A.W., Jr. Approximately one week later, DHS filed a dependency petition,

and a hearing was held on July 19, 2016. At the hearing, the court discovered

that A.W., Jr., had three other siblings who were in need of medical treatment.

Specifically, it was noted that A.W., Jr.’s, siblings had extensive dental issues.

At the conclusion of the hearing, the juvenile court adjudicated A.W., Jr.,

dependent pursuant to 42 Pa.C.S. § 6302(1) and ordered that DHS investigate

the condition of A.W., Jr.’s, siblings.

DHS immediately obtained protective custody of S.W., J.W., and M.W.,

who were born October 2007, December 2010, and January 2013

-2- J-S10001-18

respectively.1 DHS filed a dependency petition on July 29, 2016, and following

a hearing, the juvenile court adjudicated S.W., J.W., and M.W. dependent.

On December 14, 2016, the juvenile court held a permanency review

hearing, wherein it ordered S.W., A.W., Jr., J.W., and M.W. to be fully

vaccinated and immunized to ensure their day-to-day medical needs. Parents

objected to the vaccinations, noting that they preferred their children to be

treated through natural modalities, such as marijuana. That same day, the

juvenile court held a hearing on the matter to allow Parents to state their

opposition to the vaccinations on the record. At the hearing, DHS presented

the testimony of Peaches Mulba, the caseworker assigned to the family, and

Laura Simon, M.D., A.W., Jr.’s, attending physician and an expert in

pediatrics. Parents did not present any testimony; however, counsel

summarized their opposition on the record: “[My] clients believe that the

interference with the immune system is unnatural and it’s not well understood

and not tested for long term safety. And that’s a moral and philosophical

reason not to have an immunization.” N.T., 12/14/16, at 10.

Ms. Mulba testified regarding her conversations with Mother about

vaccinating the children, and specifically, A.W., Jr. She stated, “Mom said that

she wasn’t going to get – they wasn’t going to get vaccination to [A.W., Jr.]

because that is one of the reasons that keeps him in the hospital and this

[way] they can be with him.” N.T., 12/14/16, at 18. On cross-examination, ____________________________________________

1The record appears to contain an error regarding the birthdates of A.W., Jr. and J.W.

-3- J-S10001-18

Ms. Mulba elaborated, “Mom said that the vaccination wasn’t good for the

children. It’s just not good for the immune system[, and] because of that

they wasn’t prone to sign for vaccinations for any of [the children].” Id. at

19.

Dr. Simon testified to her opinion that immunizations are generally

accepted as safe and effective, with minimal risk. N.T., 12/14/16, at 34.

Likewise, Dr. Simon noted that she recommends immunizations to all of her

patients. Id. Dr. Simon expressed concern that there are a large number of

vaccine-preventable diseases that can cause chronic illness, disability or

death. Id. As it relates to A.W., Jr., Dr. Simon explained that because of

A.W., Jr.’s increased risk of disability due to his seizures, she recommended

that A.W., Jr., be fully immunized. Id. at 38, 41. Dr. Simon testified that as

A.W., Jr., approaches school-age, his risk of contracting a vaccine-preventable

disease increases as he attends daycare or school. Id. at 41.

Moreover, Dr. Simon also recommended that S.W., J.W., and M.W. be

fully vaccinated. Like with A.W., Jr., Dr. Simon explained that the other

children, if left unvaccinated, would be at a higher risk of contracting vaccine-

preventable diseases and could suffer from more severe reactions or illnesses

if they were to contract a disease. Id. at 42. Further, Dr. Simon cautioned

the court that if any of A.W., Jr.’s, siblings were to contract a vaccine-

preventable disease, it would put A.W., Jr., at great risk for contracting the

disease himself. Id.

-4- J-S10001-18

Finally, during closing argument, the Child Advocate observed that the

children have been getting sick more often since they entered foster care and

began attending school.2 N.T., 12/14/16, at 68. Notably, M.W. was

hospitalized after he contracted the flu and required “multiple interventions”

to stabilize. DHS Exhibit 4. M.W.’s physician at CHOP stated that M.W.’s

“illness and hospitalization may have been prevented had he received the . . .

recommended vaccines.” Id.

At the conclusion of the hearing, the juvenile court delivered its decision

from the bench, ordering that all four children receive updated immunizations

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