SUPER‐SIZED KIDS:

• Date: 01 January 2005
• Published date: 01 January 2005
• DOI: http://doi.org/10.1111/j.1744-1617.2005.00015.x
• Author: Deena Patel

FAMILY COURT REVIEW, Vol. 43 No. 1, January 2005 164–177

© 2005 Association of Family and Conciliation Courts

Blackwell Publishing, Ltd.Oxford, UKFCREFamily Court Review1531-2445© 2004 Association of Family and Conciliation Courts431

STUDENT NOTES

Patel / SUPER-SIZED KIDSFAMILY COURT REVIEW

SUPER-SIZED KIDS:

Using the Law to Combat Morbid Obesity in Children

Deena Patel

Morbid obesity is an unfortunate problem that is only becoming worse everyday. The alarming aspect of it is that

it is affecting people at a much earlier age; thus, young children are becoming morbidly obese and are experiencing

the same health problems as middle-aged adults. The first section of this note defines morbid obesity and its

causes and trends. Section two describes child neglect in general and then distinguishes medical neglect. Section

three discusses education and prevention, which are both crucial steps in the struggle with weight-loss and

weight-gain. Section four summarizes the beneficial aspects of removing a morbidly obese child who is in a life-

threatening position from his or her parents. Section five highlights case-studies from California, Iowa, Indiana,

New Mexico, and Texas, where children have either died or were removed from their families because of morbid

obesity. Section six briefly touches upon similar child neglect scenarios where removal is permissible and compares

those situations with those of morbidly obese children. The seventh section considers some credible counterargu-

ments to government intervention, and the final section suggests some recommendations on how to prevent the

morbid obesity crisis from becoming worse than it already is. Too many people are dying from weight-related

problems already, yet morbid obesity is preventable! This severe state of obesity is something that can be con-

trolled and prevented, but only if parents take an active role in their child’s diet and exercise.

Keywords:

morbid obesity

;

child obesity

;

medical neglect

Imagine a three-year-old child so obese that she can barely move. She is almost three

times the size of a normal three-year-old and weighs almost one hundred pounds more than

the average child her age. Her parents have been advised to decrease her caloric consump-

tion and increase her activity level. Yet, the parents disregard the medical advice, and the

child becomes morbidly obese. Suppose this child dies. Who is responsible? The legal

system’s answer is the parents who consciously ignored the danger their child was in. This

is a case of child medical neglect,

1

and the above hypothetical situation actually occurred;

only the state intervened before the little girl, Anamarie Martinez-Regino, died.

2

Morbid obesity is an unfortunate problem that is only becoming worse everyday. The

alarming aspect of it is that it is affecting people at a much earlier age; thus, young children

are becoming morbidly obese and are experiencing the same health problems as middle-

aged adults.

3

This severe state of obesity is something that can be controlled and prevented,

but only if parents take an active role in their child’s diet and exercise.

“Do little kids steal their parent’s car keys and drive themselves to McDonald’s?”

4

No,

that is why the state should intervene if a child is morbidly obese to the point where it is

life-threatening, and parents disregard or ignore the professional advice of a doctor, because

this is a clear case of child medical neglect and demands education, removal, or criminal

prosecution. This note discusses specific states that have correctly interpreted child neglect

statutes to include morbidly obese children and argues that all states should follow a similar