ABC News in Houston ran a story yesterday about Genny Granados who "remains behind bars charged with injury to a child, causing a medical predicament." Her baby boy was born in a bathroom at southwest Memorial Hermann Hospital last Saturday night and found in a trash bin wrapped in paper towels. The baby has been on life-support the entire time.ABC notes that "The baby's life raises sensitive questions about who will make important medical decisions for that child." But two things about this story make it particularly easy from a legal perspective.
First, Children's Protective Services states the baby boy has no brain activity, which in Texas is considered legally dead. The Houston Chronicle also reported that the mother's attorney stated that he was informed the child was brain dead. If that is the diagnosis, then Memorial Hermann has no obligation to continue to treat the baby no matter whether the mother, CPS, or another individual or entity is the authorized decision maker for the baby.
Second, while the mother now has custody and "wants the best care for her child," she's accused of harming him and "can face additional charges if she were to remove the life-support, causing his death." Sadly, there are quite a few of these cases. While state CPS agencies are often not allowed to stop a child's LSMT after only a temporary/emergency suspension of parental rights, they are allowed after a full hearing and suspension. Again, all of that may be irrelevant since the hospital and treating physician can decide to stop treatment unilaterally.
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