Amish boy will have surgery

CANTON — A St. Lawrence County Family Court judge ruled Tuesday that a young Amish boy must undergo surgery to repair a heart defect.

Family Court Judge Barbara R. Potter ordered that 20-month-old Eli Hershberger, who was born in April 2007 with a hole in the lower part of his heart and also has a blockage, have the surgery. The operation will be done by a pediatric cardiologist from Rochester in the coming weeks.

The surgery needed to repair the defect clashes with the religious beliefs of his family, who had been accused of not providing him adequate medical care. The county Department of Social Services petitioned the court to have Eli removed from his family's custody to have the surgery.

"Without a complete repair, Eli will die," Judge Potter said during the 20-minute hearing.

The judge ruled that Eli's parents, Gideon M. and Barbara G. Hershberger, Winthrop, won't be required to sign a consent form for doctors to perform the surgery.

"I don't think it was a compromise as much as it was a way for them to avoid giving their consent," said William J. Galvin, the county's conflict public defender representing Mr. Hershberger. "Their religion doesn't allow them to consent to the surgery, so what we asked today is that the court make a decision such that they would essentially be taken out of it."

The judge also won't have Eli removed from the custody of his parents, who don't face any criminal charges. She ruled last week that the Hershbergers neglected their son by refusing medical treatment for his life-threatening heart condition.

She noted Tuesday that the parents provided a lot of affection and covered the boy's basic needs, but had "medically neglected" him.

The neglect case could be dismissed, providing the Hershbergers comply with the conditions of the judge's ruling. Those conditions include taking Eli to all medical checkups and providing doctors with his medical information.

About a dozen Amish people and supporters packed the Family Court courtroom. Eli didn't make the trip to court. The Hershbergers declined comment after the hearing.

"The family was relieved that the child won't be taken away from them," said Karen M. Johnson-Weiner, a SUNY Potsdam professor who is considered an Amish expert. "This was a challenge for the Amish community."

Two doctors recently testified in court that surgery was the only option to repair Eli's heart defect. The physicians gave him a 75 percent chance of not surviving the next year without the surgery, and said putting off the operation increases the procedure's risks.

"We have always wanted the child to have the surgery," said David D. Willer, a county Department of Social Services attorney. "It appeared today that we were able to do that without asking the child be removed from the home. We were very happy about that."

A date for surgery will be finalized sometime in the next three weeks. The surgery could be covered under Medicaid, but the physician who will perform the operation had informed the court that he was willing to absorb some expenses.

Richard Gardner, a county public defender representing Mrs. Hershberger, declined comment after the hearing. The assignment of two lawyers is standard procedure for Family Court hearings, conflict public defender officials said.

The family moved from northeastern Ohio to the County Route 49 property in Winthrop about three years ago, drawn by cheaper land prices. They lived about 20 miles outside Canton, Ohio, before the move, family members said recently.