Is Morbid Childhood Obesity Child Neglect?

When does a child’s weight become the concern of child welfare services? Morbid obesity is defined as a body mass index (BMI) greater than or equal to 40 kilos per meter squared (www.cdc.gov). Some scholars (Murtagh and Ludwig, 2011) and (Patel, 2005) believe that the definition of child neglect should expand to include severely obese children. According to the Federal Child Abuse Prevention and Treatment Act (CAPTA), child neglect is generally defined as the failure of a parent, guardian, or other caregiver to provide for a child’s basic needs. Neglect may be:

• Physical (e.g., failure to provide necessary food or shelter, or lack of   appropriate supervision).
• Medical (e.g., failure to provide necessary medical or mental health treatment).
• Educational (e.g., failure to educate a child or attend to special education needs).
• Emotional (e.g., inattention to a child’s emotional needs, failure to provide psychological care, or  permitting the child to use alcohol or other drugs). (www.childwelfare.gov)

Sciarani (2010) states that “negligence standards do not allow parents to claim ignorance of their child’s deteriorating condition as a defense” (p. 326), thereby allowing the state to intervene. But should state intervention come in the form of removing children for their homes?

There have been several publicized cases in which morbidly obese children have been placed in foster care. In a 2000 case in New Mexico, 3 year old Anamarie Regino, was taken from her parents and placed in foster care for 2 and ½ months; she weighed 124 pounds and was nearly 4 feet tall. Anamarie’s mother, Adela Regino, claimed that her daughter had been growing and gaining weight rapidly from the time she was born; doctors had not been able to diagnose why it was happening at the time. The lack of a medical diagnosis prompted the NM Child, Youth, and Family Department and Children’s Court judge to believe that Anamarie’s parents were neglecting her health by not addressing weight (Belkin, 2001). An even more controversial case happened in California, where 13-year-old Christina Ann Corrigan died in her home, covered in bedsores and weighing 680 pounds. Her mother, Marlene Corrigan, was originally charged with felony child abuse and endangerment. The charges were later reduced to misdemeanor child abuse through inaction (Darwin, 2008).

Looking at these cases from a child welfare perspective, removing morbidly obese children from their homes is not a feasible way to address the problem.  In Anamarie’s case, removing her from her home caused unnecessary emotional trauma. Child welfare services should have considered the fact that Anamarie was not only severely overweight but also significantly tall for her age, even though a diagnosis was never specified. The Regino family should have been offered nutrition services and information about any applicable programs to assist in regulating Anamarie’s weight problem before any thoughts of foster care ever surfaced.  In Christina’s case, child welfare intervention would have been effective if it came earlier. Marlene Corrigan had the added responsibility of taking care of her elderly parents in addition to caring for an obese child.  She would have benefited from programs that offer assistance for the elderly, and exercise and nutritional counseling for her daughter. Providing supportive family services to families with obese children reduces the need for out-of-home care.

Belkin, L. (2001, July 8). Watching her Weight. The New York Times. Retrieved from http://www.nytimes.com/2001/07/08/magazine/watching-her-weight.html

Child Welfare Information Gateway. (2008, April). What is Child Neglect? Fact Sheet. Retrieved on from http://www.childwelfare.gov/pubs/factsheets/whatiscan.pdf

Darwin, A. (2008). Childhood obesity: is it abuse?. Children's Voice, 17(4), 24-27.

Murtagh L, Ludwig DS. (2011) State Intervention in Life-Threatening Childhood Obesity. Journal of the American Medical Association. 306(2), 206-207. 

Patel, D. (2005). SUPER-SIZED KIDS: Using the Law to Combat Morbid Obesity in Children. Family Court Review, 43(1), 164-177.

Sciarani, S. (2010). Morbid Childhood Obesity: The Pressing Need to Expand Statutory Definitions of Child Neglect. Thomas Jefferson Law Review, 32(2), 313-338.