Family awaiting ruling

WINTHROP — Amish mother Barbara G. Hershberger said she isn’t sure what it will mean for her family if a judge decides to take her son away so he can have open-heart surgery.

St. Lawrence County Family Court Judge Barbara J. Potter ruled Monday that Mrs. Hershberger and her husband, Gideon M., neglected their 11/2-year-old son, Eli, by refusing treatment that could prolong his life. The Amish couple will find out Tuesday whether the procedure, which violates their religious beliefs, will be required.

“We expect maybe it’ll happen, but we don’t know if they’ll come and take him away,” Mrs. Hershberger said. “We want him still.”

The Hershbergers haven’t really thought about whether they could be charged for the surgery. Like most Amish families, they don’t have health insurance.

“I don’t think we’d have to pay, because they’d do it without our right,” Mrs. Hershberger said.

Department of Social Services Deputy Commissioner S. Diane Wilby said the child likely would end up being covered under Medicaid if the procedure is ordered.

“It depends on what the judge rules. If the judge puts the child in DSS custody, then the child would be eligible for Medicaid, which is the insurance of last resort,” she said. “If the child is not in our custody and the judge orders the child to have the procedure, just like any other child, the parents are responsible. I would imagine if they’re uninsured, that the parents would apply for Medicaid.”

The couple, who moved from Ohio three years ago, brought Eli to the emergency room at Canton-Potsdam Hospital, Potsdam, when he was 2 weeks old because he had turned a “bluish color.”

They were referred to a Syracuse specialist, where they found out that their son had a hole and a blockage in his heart — and that the treatment he needed would violate their religion, Mrs. Hershberger said.

“Because they would have to stop the heart and restart it, it’s against our religious beliefs,” she said.

Even though doctors say Eli might not have long to live without the surgery, the boy is happy and playful “just like his sisters,” Mrs. Hershberger said.

The girls giggled and whispered to each other as they ran around their County Route 49 kitchen while their mother did chores Tuesday. Mr. Hershberger was working and Eli was in the other room.

While the Hershbergers are unsure about what the consequences of the case will be, they do know two things: It would be “hurtful” for Eli to be taken away from his family and his community, and it may be time to move on, Mrs. Hershberger said.

“We’re thinking about leaving, but not because of the case,” she said.