Amish family in court for son

WINTHROP — With a bit of dirt on his face, a quiet Eli Hershberger doesn't mind being held by his mother.

The youngest of four siblings, the 15-month-old got dirty after playing in the sand — a favorite activity for the spry toddler who loves to run and explore.

"You can't tell he's sick," said Barbara G. Hershberger, whose hands were dirty from pulling weeds in the yard. "He's a happy child."

Eli, named after his mother's father, was born April 1, 2007, with a heart defect. The blond boy, wearing a dark brown shirt and light brown pants, has a hole in the lower part of his heart and also has a blockage, according to his father, Gideon M.

The invasive surgery needed to repair the defect clashes with the religious beliefs of the family, who have been accused of not providing adequate medical care for him.

The Hershbergers, of 988 County Route 49, appeared last week in St. Lawrence County Family Court after the county Department of Social Services petitioned the court to have Eli removed from their custody. The couple doesn't face any criminal charges.

"So if God wants him back, then he will have him," said Mrs. Hershberger, whose is treating her son with herbal tea containing peppermint and ginseng.

William J. Galvin, the county's conflict public defender representing Mr. Hershberger, said he'll need to research the issue of Amish religion further before deciding how to proceed.

"The child was born with a heart defect," he said. "It would take surgery to fix it. The procedure is strictly forbidden because of their religious beliefs."

Family Court Judge Barbara R. Potter directed the family to comply with Social Services, but didn't mandate them to get the surgery for Eli, Mr. Galvin said.

A law guardian from Social Services has been directed to review Eli's condition and issue a report to the court. Richard Gardner, a county public defender, is representing Mrs. Hershberger. He couldn't be reached for comment.

The assignment of two lawyers is standard procedure for Family Court hearings, conflict public defender officials said. The defense attorneys could submit a motion to dismiss the petition.

The family moved from northeastern Ohio to the 27.4-acre Winthrop property about three years ago because of cheaper land prices, said Mr. Hershberger, a carpenter. They lived about 20 miles outside Canton, Ohio, before the move.

A small cedar gazebo with a handmade for-sale sign sits at the entrance of the driveway. The gray mailbox has the family's address written in with black marker.

The two-story red shingled house, shielded from the road by several large trees, had laundry waving in the gentle breeze. A buggy sits next to the house, with several more buggies in a nearby barn. Several farm animals walk around the back of the house while the children play games.

Neighbor Irene D. Burnett supports the Hershbergers' decision.

"The law has no business in their affairs," she said. "It is a very personal matter."