Charges in doubt if Amish boy dies

CANTON — Prosecutors could find it difficult to charge an Amish couple criminally should their young boy die of a heart defect for lack of medical treatment.

Eli Hershberger was born in April 2007 with a hole in the lower part of his heart and also has a blockage. The 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.

St. Lawrence County District Attorney Nicole M. Duvé said criminal charges might not apply if the child dies.

State law doesn't consider it child endangerment when a parent is "a member or adherent of an organized church or religious group that the tenets of which prescribe prayer as the principal treatment for illness; and treated or caused such ill child to be treated in accordance with such tenets."

"It would be determined on the circumstances of the case," Ms. Duvé said.

The Hershbergers, 988 County Route 49, Winthrop, appeared Sept. 19 in St. Lawrence County Family Court for trial after the county Department of Social Services petitioned the court to have Eli removed from their custody. The Hershbergers don't face any criminal charges.

A Family Court judge will decide whether to remove Eli from his parents' custody to allow the surgery to be done once the trial concludes. The trial resumes Friday.

Karen M. Johnson-Weiner, a SUNY Potsdam professor who is considered an Amish expert, testified at the trial about the religious beliefs of the Amish. She noted Eli was in good health.

"Under no circumstance is neglect involved with this family," Ms. Johnson-Weiner said.

Shawn Francis Peters, a University of Wisconsin-Oshkosh religious studies professor who has written extensively about the clashing of religious freedom and child protection, said the heart has a special meaning for the Amish.

"The Amish believe it's the soul of the body," Mr. Peters said in a telephone interview. "The heart itself occupies a unique spot in Amish belief. The surgery would violate the tenets of their religious belief."

The Amish religion doesn't prohibit them from seeking modern medical treatment, but he said he believes the severity of Eli's condition probably will dictate the outcome of the Family Court case. If the 17-month-old boy's health doesn't place him in immediate danger, the court could order regular physician checkups.

"The parents are doing what they believe is in the best interest," Mr. Peters said. "The Amish are not eager to have the state step into their business."

The district attorney's office hasn't received any requests to review the case and she didn't know specific details about it, Ms. Duvé said.