The following article appeared in the Contra Costa Times on 9/7/95.
-- Contra Costa County, California
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                 COURT RULES DOCTORS CAN TREAT BOY, 6
                          By Robert Burnson
   Martinez--A juvenile court judge ruled Wednesday that child welfare 
officials were within their rights when they took a 6-year-old cancer
patient from his home after his mother balked at taking him to the 
hospital for testing.
   Juvenile Referee Stephen Easton also gave physicians the OK to start
chemotherapy treatments for the Byron boy, over his mother's objection.
   "I'm shocked," said the 27-year-old, single mother, Elena Duarte, 
after the hearing Wednesday.  "I haven't done anything wrong."
   The referee's ruling is temporary, Easton scheduled another hearing 
for this morning before a family law judge.
   County child welfare officials removed Adrian Chavez from his home 
last Thursday, a few hours after his mother threatened to run away with
him rather than take him for tests at Children's Hospital Oakland.
   Adrian Chavez has had leukemia for four years, but it had been in 
remission.  A test in late July revealed that the disease had returned.
   His mother chose to take him to a Modesto-area herbalist for treatment
and had an appointment with the herbalist Sept. 1, she said.
   But then a social worker from Children's Hospital called.  The social 
worker insisted that the mother bring the boy in for a spinal tap on 
Sept. 1, Duarte said.
   Duarte refused and suggested that she might run away with the boy, she
said.
   A few hours later, a social worker and sheriff's deputy arrived at her
house and took the boy away.
   Child Protective Services put the boy in a foster home for one night.  
The next morning he was delivered to the hospital, where he underwent
the spinal tap and where he has remained.  His mother has been with him
at the hospital since he arrived.
   Physicians have tried to start the boy's chemotherapy treatments, the
woman said.  But she has refused to give permission.
   "I want a second opinion," she said.
   Under Easton's ruling, the physicians now have the right to "do 
whatever they deem medically necessary," said Duarte's court-appointed 
attorney, Wayne James.
   However, James said he thought the doctors would wait at least until 
after today's hearing to start the boy's chemotherapy.
   James said Duarte has a "right to a second opinion unless it is an 
absolute medical emergency.  And I don't think anyone has shown that
that is the case."
   Duarte said she took her son's medical records to an oncologist at 
John Muir Medical Center in Walnut Creek on Tuesday.
   Some of the records were missing so Dr. Byron Smith declined to assess
Adrian's condition, she said.
   "But he said there was plenty of time to get a second, third or fourth
opinion."
   Easton issued his ruling on Adrian after a 1/2-hour hearing at Contra
Costa County Juvenile Hall.
   Easton closed the hearing to the public and media, citing laws 
protecting the anonymity of minors.  He declined to comment.
   His court order said "there is substantial danger to the physical 
health of the child" if he is not taken from his mother.
   Easton usually handles cases involving juvenile crime.  He scheduled 
another hearing for this morning for a family law judge to consider the
matter.
   Attorneys for the county Social Services Department and Child 
Protective Services attended Wednesday's hearing but declined to comment.
   Children's Hospital defended its actions in the case with a one-page
statement to the media.
   Duarte denies refusing chemotherapy.  She said she only wanted to 
reschedule her son's appointment for one week -- and in fact, rescheduled
the appointment for today.
   "But after how I've been treated, I don't want to go back."
   She said her son is doing well enough that he is running around the
hospital hallways, trailing an IV.
   "He thinks he's going home today," she said.
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