Teaser

We open on an elementary school classroom. The teacher is explaining fractions to the class, asking questions to see if the class really understands the concepts being taught. Suddenly, one of the children, sitting in the back row, a thin and pale girl, collapses. The teacher rushes to the child’s side. “Go get the nurse,” the teacher shouts. Chaos erupts as the class breaks down, and we smash cut to…

CREDITS

Act 1

We fade in on the division office. Alice walks in to Amanda’s office and places a case file on her desk. Alice explains that the child who collapsed in the classroom, Penny Anderson, was rushed to the hospital and diagnosed with leukemia. Amanda wonders how this is a problem for DCFS. Alice explains that it’s a little more complicated: “The parents are demanding that their child be discharged. They’re claiming they’re members of a religious sect that does not believe in medicine. The doctors have indicated that unless this child gets treatment, she’s going to die.” Amanda sighs fand picks up her stuff to head for the hospital.

Cut to Amanda walking down the hall of the hospital with a doctor. The doctor explains that they’ve performed a number of tests, despite the parents’ objections. It reveals that Penny has had leukemia for quite some time and that the parents have hidden it. If Penny doesn’t start receiving treatment in the next few days, she will almost certainly die. They reach the room, and Amanda enters. Despite her terminal condition, Penny is surprisingly healthy-looking, even though she’s in bed. Amanda introduces herself. Penny smiles, and the first words out of her mouth are “God wants me to go home. Can I go home?”

Act 2

Amanda walks into Alice’s office to hand her the file. She says she thinks there needs to be an evaluation of the child because of her invocation of God. Alice wonders if Amanda thinks the child is crazy. Amanda responds that believing in God doesn’t make someone crazy, but that Penny just seemed completely scripted, as though she had the answers to Amanda’s questions before they were even asked—as though her parents had drilled the “right” answers to the questions into her head. Alice agrees to go down to the hospital to talk to Penny.

Alice meets with Penny in the hospital. To every question, she has a pay answer relating to her religious beliefs ad how strongly she believes in all the tents of Christian Science, including, especially the tenet of refusing medical treatment for all injuries. Alice’s last question is the only one to which Penny doesn’t have a ready answer.

ALICE

So why do you believe this?

PENNY

Do you believe the earth is round?

ALICE

(jokingly) I thought I was going to be the one asking the questions here. (beat, laughter) I believe it because that’s what the scientific evidence shows.

PENNY

But you haven’t seen that the earth is round for yourself?

ALICE

(after a beat) No. No, I haven’t.

PENNY

Well, then, that’s exactly why I believe in God. I just know it. I believe—there are some things you have to take on faith. You take it on faith that the world is round. I take it on faith that there’s a God out there and this is what God wants me to do.

Act 3

Alice, Amanda, and Terrence gather in Jack’s office to present the case. Amanda briefly lays out the facts of the case for Jack. Alice says that the results of her exam are inconclusive—religious belief is a very difficult thing to measure—but that, if pressed, she’d probably say that the child’s “religious belief” is less the product of a sincere personal belief than indoctrination by the parents. “But, Jack, it’s a very fine line there. I’m not sure how comfortable I’d feel giving an opinion on that in court.” Terrence explains that the legal standard for determining when anyone may decline medical treatment on a religious basis is that they hold a sincere religious belief that would require them to decline treatment. “Given what Alice is saying, I’m not sure if we can meet our burden. Alice’s opinion is going to be tentative at best, and even before a judge, we’re going to have a hard time fighting religious sentiment.” Jack responds, “I see what you’re saying, but our job here is to save children. We have to try to save this one.” Terrence argues with him, saying, “Our job isn’t to ‘save’ children. We are not God. Our job is to ask in the childrens’ best interest, as defined by the law. Generally, that’s to stay with their parents, except in extraordinary situations. There’s not abuse here, there’s not danger coming from the parents.” Jack replies “This girl is going to die unless we do something. In my view, that’s EXACTLY the kind of situation in which we’re required to do something. Make the motion.”

Dissolve to a courtroom. The court calls the case of In re Minor Child A. The judge notes that this is an emergency hearing on the state’s application to remove custody from the parents. He is somewhat peeved to be there. Terrence presents the state’s case—the parents are declining medical treatment, and the state has presented uncontroverted medical evidence that unless Child A receives medical treatment, she will almost certainly die. The danger is clear, the state can prevent it by taking custody and consenting to medical treatment for the child, and the state should act. An attorney representing the child’s family stands up. “Philip Baron, National Religious Liberty Protection League, appearing for the family. This is a very simple case. As the affidavits presented by the parents and children bear out, the members of the family are Christian Scientists, and a central tenet of their religion is opposition to any medical treatment other than prayer. This is a longstanding tradition, and recognized even under federal law, which allows Medicaid dollars to go to Christian Science sanitaria, where sick people are constantly prayed over. The law is clear—where an individual—even a child—makes an informed decision to refuse medical treatment, that decision must be honored, especially when the basis for that choice is religious in nature.”

Terrence responds: “The freedom of religion argument can be dispensed with. If you look at the Supreme Court’s decision in the Smith case, they allowed the state to fire two Native Americans from their jobs when they tested positive for use of peyote. The fired employees admitted that they had used peyote as part of a Native American religious ceremony. However, the Supreme Court found that preventing drug use among employees trumped religious belief. I submit that protecting this state’s children is this court’s highest responsibility, and not even a religious belief should trump that responsibility.”

The judge sighs. “I’ve had a chance only to skim the parties’ briefs, which seem comprehensive. I will review the briefs in full and have a decision for you tomorrow morning. We’ll reconvene here at 9 a.m.”

Act 4

The courtroom reconvenes to hear the judge’s decision on the matter. The judge rules from the bench.

JUDGE

None of the cases I see in this court are easy cases. This one’s especially hard. I’m told by the DCFS witnesses that unless I act, this child will almost certainly die. The child’s parents, on the other hand, are steadfast in declining medical treatment, saying that to allow their child to undergo such treatment would biolate their deeply held religious beliefs. The child herself has indicated that she, too, wishes to deny medical treatment. This system has two responsibilities that clash here—ensuring the child’s safety and allowing the child to make a protected choice. Based on the evidence presented here, I find that Penny Anderson has made a choice to be treated through non-medical methods. I have my doubts about whether this is going to be effective, but it is her choice to make, and the DCFS has given me no reasonable grounds for disregarding that choice. Accordingly, I grant Mr. and Mrs. Anderson’s motion for an injunction. The child is to be released from the hospital immediately, and returned to the custody of the Andersons. (beat) Mr. and Mrs. Anderson, if this is your choice—and Penny’s choice—I want you to know that even though I disagree with it, all of you will be in my prayers.

Dissolve to Amanda’s office. Alice walks in, and tells Amanda the outcome of the trial. Amanda shrugs.

AMANDA

Look, if you accept their position—it’s God who decides who lives and dies—and all they want to do is allow God’s will to be expressed.

ALICE

That’s all well and good—if you believe in God. (beat) Maybe I’ve been doing this for too long, but I can’t believe in God any more. Look at what we see every single day at the office—children being neglected, abused, both physically and emotionally, and endangered. How can you believe in a God that allows THAT to happen? You’ve only been here a few weeks—how are you going to deal with it when you see things like I’ve seen?

AMANDA

Two things. First is faith—faith that God is going to do something good, even with all the horrible stuff we see every single day. Faith in you and me, who are trying to stop that from happening. Second is the hope we see. For every horrible scene of abuse we see, we see a scene of hope. We see a family willing to take in a child that’s not their own. We see someone willing to sacrifice for the good of a child. That’s where God is—in those moments.

ALICE

I just hope we have more of those.

Dissolve to a church. Amanda is sitting in the pew surrounded by strangers as the priest begins to pray..

PRIEST

And we pray that you pour your healing out over those who need it most in this city. We ask all these things in your name, and pray the one prayer your son taught us—Our father, who art in heaven…

As the priest and congregation begin to recite the Lord’s Prayer, we fade to black.