The law doesn't stipulate you keep some one in a hospital because “their parents might try to see them”. The law deals with the parents if they were forbidden from seeing their child by court order and do so anyway. The law deals with the offending party. In your "best guess" the law is punishing Justina for something her parents might do, is that your opinion? Highly unethical and unconstitutional if true. How do you know how Justina acted in the presence of her mother if only the family has spoken out? If I was kept from my parents at that age and sick, I'd probably freak at the sight of my mother as well, wanting her near me and wondering why I was being abandoned.
A locked psych ward is no place for a child that doesn't belong there.Why couldn't she be in a normal pediatric wing if her major complaints were supposed “fake” pain?
I just read yesterday her original doctor from Tufts has agreed to treat her and the judge agreed, and BC’s held that up for a while. Supposedly today they were “allowing” him to see her, take blood samples, and he wishes to restart her mitochondrial diagnosis meds. I haven't read any articles on the case today, so I don't know if that has happened.
As I said before my husband has seen and dealt with many cases of child abuse. It doesn't mean you can always jump to that conclusion just because “it happens all the time”. Alan Dershowitz doesn't offer to help just anyone for free. No matter what the outcome as a Harvard Law guy I doubt he'd weigh in if there were not blatant issues of the state overstepping it's bounds. Even if Justina's condition is psychological and/or there is abuse involved, where are Justina's rights to not be wear housed with little contact until age 18?
I have not seen Alan Dershowitz actually doing anything on this case. As for your husband, what is his job in which he testifies on child abuse cases? If you read the very informative article in the Boston newspaper- they did a very balanced story on this case, and the staff at BCH thought Justina was acting out worse when the mother was around. A locked psych ward is not the place for a child unless- they were unable to find placement, or the child had severe psych issues , in which we will never find out due to HIPAA. And when the doc at Tufts does take over the care he should do some basic things to come at a true diagnosis-like perform a muscle biopsy and draw a metabolic panel to determine if Justina had mito. Per the Boston newspaper, he had not done that.
Unless you have all the info, you cannot draw a conclusion on anything in regards to this case.
I am traveling , and on my laptop in which I am having difficulty copying and pasting. The article is in the Bpston Globe. 2 parts. Google Justina and medical collision- you will find it.