I absolutely agree it is their right to take him home. The question is whether it's their right to have the hospital perform a tracheotomy. And as I pointed out, they could take him home with an endotracheal tube in place, and an ambubag.
See the comments from the author of this article I just posted above.
The child cannot swallow his own secretions, and cannot breathe on his own because of that.
If they do a trach, he will be able to breathe on his own, just like his sister did for 6 months, without a vent. The parents will probably need suction to keep the trach clear, but they will not need a vent.
But he does need a trach to be able to breath on his own without a vent.
A trach is easier and faster than a root canal. It can be done in a minute or two. Not extraordinary. Less time and cost than ambu a child for miles of a ride home. Mama can hold the baby with a trach, no one can hold a person being kept breathing with an ambubag. A ventilator is extra ordinary, a trach is not. I have suctions many patients via a trach that are in coma. No ventilator. No reasonable reason not to do it except for the power of the state to say no. It is a medical necessary to move the child comfortably.