Mr Rodenberg wrote that state statues require parents to provide necessary medical care for a child. The statutes say alternative and complementary health care methods are not enough.
'If the Minnesota Legislature ever reconsiders the relevant statutes, I am confident that I join all of the others involved in this matter in hoping, and indeed in praying, that Daniel Hauser lives to testify at that hearing,' Rodenberg said.
Mr Rodenberg found Daniel has only a 'rudimentary understanding at best of the risks and benefits of chemotherapy. ... he does not believe he is ill currently. The fact is that he is very ill currently.' Because of that, and other evidence in the case, Mr Rodenberg said the state's interest in protecting the child override the constitutional right to freedom of religious expression and a parent's right to direct a child's upbringing.
Medical neglect, Mr Rodenberg said, clearly took place both on April 29, when the Hausers did not seek the advice of one doctor who told them to return to an oncologist, and on May 7, when they disregarded their family doctor's recommendation to get the tumour X-rayed. Up until then, Mr Rodenberg wrote, the family was seeking second opinions and alternatives.
A court-appointed attorney for Daniel, Philip Elbert, called the judge's decision unfortunate.
'I feel it's a blow to families,' he said Friday. 'It marginalises the decisions that parents face every day in regard to their children's medical care. It really affirms the role that big government is better at making our decisions for us.' The phone line at the Hauser home had a busy signal Friday.
Mr Johnson, the parents' attorney, said everyone should be able to get medical care in line with their conscience.
'The Hausers believe that the injection of chemotherapy into Danny Hauser amounts to an assault upon his body, and torture when it occurs over a long period of time,' Mr Johnson said Friday. 'They believe that it is against the spiritual law to invade the consciousness of another person without their permission.' The Hausers, who have eight children, are Roman Catholic and also believe in the 'do no harm' philosophy of the Nemenhah Band. The Missouri-based religious group believes in natural healing methods advocated by some American Indians.
In his ruling, Mr Rodenberg noted that at age 13, Daniel can't read.
'He lacks the ability to give informed consent to medial procedures,' Rodenberg said.
Dr. Bruce Bostrom, a pediatric oncologist at Children's Hospitals and Clinics of Minnesota who diagnosed Daniel's cancer in January, said he would have a hard time forcing Daniel to take the medicine.
Bostrom said if an X-ray shows that there is still hope Daniel can be cured, it's possible doctors will recommend the same treatment plan.
Fear of chemotherapy is common among his patients, and Children's Hospital has a program that incorporates herbal supplements, massage, acupuncture, and other alternative methods to help patients deal with the side effects of the medication. It's unclear where Daniel will seek treatment.
'The bottom line is we just want to get through this, have him get better,' Bostrom said. 'And I'm happy the judge ruled that he could stay with his family because they are wonderful people ... We want what's best for Danny.' -- AP