In Re Phillip B

Facts

Phillip was a 12 year old suffering from Down’s Syndrome. At birth his parent’s decided he should live in a residential care facility. He suffers from a congenital heart defect, which if not corrected could damage the lungs to the point of eventual death. At initial diagnosis of his condition, his cardiologist recommended cardiac catheterization, which his parents refused. Four years later the procedure was again recommended, and his parents consented. The procedure revealed the extensive nature of Phillip’s septal defect, and his doctor recommended surgery. A second opinion revealed that the surgical mortality rate was between five and ten percent, and that both Phillip’s Down’s Syndrome and the extensive nature of the disease would increase this risk. Without the operation, he would begin to function less physically until he is eventually severely incapacitated, with a further lifespan at the outside of 20 more years. A petition was filed in juvenile court alleging P hillip came within a California welfare statute because he was not provided with the necessities of life. The petition requested he be declared a dependant child of the court for the special purpose of ensuring he received the surgery.