NEWMARK V. WILLIAMS
588 A.2d 1108 (1991)
NATURE OF THE CASE: This was a dispute over treatment of cancer.
FACTS: Colin was three years old and had a deadly and aggressive form of cancer called
Burkitt's Lymphoma. His parents, Newmarks, were Christian Scientists. CPS petitioned the
court to gain custody of the child in order to treat his disease with chemotherapy as that
had a 40% chance of success. The Newmarks claimed that the State's taking their child away
violated their First Amendment rights. The Family Court rejected that argument and gave
custody to CPS. The Newmarks were permitted to appeal and it was heard on an emergency
basis.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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