AGUA DULCE - Young Katie Wernecke is still awaiting radiation treatment after Child Protective Services took her out of her home. The 12-year-old was the subject of Nueces County's latest Amber Alert.
She suffers from Hodgkin's Disease. Doctors said she needs radiation treatment, but her parents refused. That's when Child Protective Services stepped in. CPS officials tell 6 News she has under gone blood tests and physical work ups which are common before a radiation procedure. But family members don't want her to undergo the radiation and are insisting on a third opinion.
The parents fight began on Wednesday night when Katie was taken by her mother before CPS could take her and her three siblings. The Amber Alert was cancelled Saturday night when the girl and her mother were found at the family's ranch in Freer. As soon as the child was taken from the ranch she was taken to Driscoll Children's Hospital .
Katie's mother was arrested and charged with interfering with child custody and remains at the Nueces County Jail on a bond of $50,000. Her husband said he's working on bailing her out. He was over at the bank earlier Monday trying to figure out how to come up with her bail money.
CPS officials said they had to step in and take Katie because they received a consensus from doctors that the young girl needed the radiation treatment, and that time was dragging on so they needed to act.
Just before they vanished last week, Katie and her mother made a tape spelling out why they were against the radiation treatment, and CPS involvement in her case. 6 News obtained a copy of that Monday. The video runs nearly eight minutes and on it, both Michele and Katie Wernecke make their point clear they would do whatever it took to fight the radiation.
On the tape it shows Katie has lost her hair from previous chemotherapy treatments. But she says she's feeling better.
"I have been fine for two months since my last chemo treatment. I am gaining weight and my hair is coming back. I feel great. I don't need radiation treatment. And nobody asked me what I wanted. It's my body," Katie said on videotape.
"We do not want this for Katie and she does not want it," Michele said on videotape, speaking from behind the camera. She shot the video to give viewers a look at her daughter and to say why she's also against radiation therapy.
"This case is about parent's right to choose the medical care for their children," Michele said. The 12-year-old also takes a shot at one of her doctors who's recommending the treatment - Dr. Nejemie Alter.
"If radiation doesn't cause me any harm, then let Dr. Alter have radiation done to him first to prove it," Michele said. That wasn't all they had to say about Dr. Alter. "He has lied to us so many times that we just can't trust his judgement anymore."
"Without considering the parents right and Katie's rights to choose her treatment," her mother added.
The video was recorded just before Michele took off with Katie, Michele Warnecke's final words were a stern message to CPS. She said, "I'm not returning katie unless CPS returns my other kids and wipes our record clean and stop using them as pawns. They're just children."
The kids are now in CPS custody and their record won't be wiped clean. In an affidavit obtained by 6 News, (see full text of affidavit PDF ) some of the doctors treating Katie including doctor alter respond to the family's claims.
A social worker from Driscoll first explains what type of treatment Katie recieves. She said, "Katie Wernecke is receiving the standard of care for children with Hodgkin's disease approved by the FDA."
Dr. Alter then describes Katie's response to the treatment. "Dr. Alter explained that Katie Wernecke has had an excellent response to the treatment, but the progress is in jeopardy and if she does not receive the required radiation treatment her condition could become fatal."
It went on to say that court action was requested because, "On May 27, 2005, Dr. Alter stated Katie Wernecke needs to receive radiation treatment 'within the next ten days in order to prevent reoccurrence of her cancer,' which would in turn decrease her overall chances of survival."
Right now, there's a custody hearing scheduled for June 15th. The family has also hired an attorney to try to get an injunction to stop the treatment, but so far no court date is set for that.
Katie is currently in the care of a nurse and the other three children remain in foster care. Katie's family have a web blog that offers updates on Katie's progress. It also allows Katie's supporters to leave messages for the 12-year old.
6 News contacted Dr. Alter for his side of the story, but refused to comment citing medical privacy laws.
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Seeing as how Hodgkins IS treatable with just chemo (I have a friend that had Hodgkins) and the doctors are using the kid as a guinea pig in a blind study.
I would personally kill everyone involved with this CPS case and de-nut the doctors if she was my kid.
Charlie if the only reason the CPS took thier kids was due to a mutual health decision within the family then they have gone to far, I have a feeling that there is more to this then meets the eye.
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The Tazman aka Martin Price
Proud father of a Devil Dog
I have a feeling that there is more to this then meets the eye.
CPS are bunch of pinko whack jobs that are high on power. I know of a family where their infant daughter was taken away from them by CPS for days because her mother gave her some water in a formula bottle -- WATER!
CPS said that they could be trying to starve the child. They're frickin' nutbags that need high speed lead therapy.
Considering what a radical step radiation therapy is I have to wonder why CPS hasn't insisted on second or third opinions before taking action against the family . They're really setting themselves up for a major lawsuit since the kids they took are not being directly threatened . If it weren't for the facade of authority they would be guilty of kidnapping .
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Kevin Haendiges
NAHC Life Member
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http://hunting-indiana.com
Whatever they happen to be called in any given state, CPS or DFCS (Department of Family and Childrens Services) or whatever, these agencies are the worst in the world. If they are not overstepping their authority they are ignoring their responsibility and kids are dying because of them. Here in Georgia, the department was "Fixed" about 10 years ago by appointing an overseer that was to be an ombudsman for the kids, that sure worked[8D], kids are still dying and other families are having their rights stomped on, on a daily basis.
There is rarely an instance where anything is worked out to the benefit of the children involved and if a concerned relative, neighbor or other individual with personal knowledge tries to get involved, they are threatened or coerced by the agency. It is also these same agencies, usually, that are responsible for the distribution of welfare checks, food stamps and wic entitlements, amazing.