Protests target KH over treatment plans

COEUR d’ALENE — About 40 people gathered near Kootenai Health on Wednesday to protest what they described as “coercion” by health care providers, but Kootenai Health officials countered that their providers are simply following Idaho law.

Protesters said they believe some Kootenai Health employees have “weaponized” Child Protective Services against some parents, threatening to report parents for neglect to make them comply with treatment plans recommended for their children.

“They’re using CPS to get their way,” said Sarah Dunn, a midwife based in Coeur d’Alene. “Just the threat of CPS is terrifying, so these parents are either going along because they’re scared or not getting their kids medical attention.”

Kootenai Health acknowledged that in rare circumstances, there are times when a parent and health care provider cannot come to an agreement about a recommended treatment, test, therapy or intervention while a child is admitted at the hospital.

The hospital’s policy states that if health care providers deem a treatment or intervention necessary for patient care and the parent decides to leave the hospital with their child, the hospital will follow its criteria for notifying CPS based on Idaho law and perceived risk of harm if the child leaves the hospital.

“As health care providers, we play a key role in caring for and advocating for patients,” said Kootenai Health Chief Physician Executive Karen Cabell, D.O. “In the case of infants, children and vulnerable adults who can’t speak for themselves, we actually have a legal responsibility to report when needed medical care is not being provided.”

In Idaho, the definition of “neglect” includes a child who is without proper medical or other care necessary for their well-being because of the conduct of or omission by their parents.

Scott Herndon, director of Idaho Citizens for Parental Rights in CPS Cases, said he thinks Idaho’s definition of neglect is too broad.

“Neglect is loosely defined in Idaho code,” Herndon said. “If the hospital was looking at the totality of the Idaho code, there’s no assumption that a parent making a decision rises to the level of neglect.”

Herndon said one of his organization’s goals is to “better define” neglect in Idaho law. He also said he believes that mandatory reporting requirements are too strict.

Idaho law deems all physicians, nurses and other hospital workers to be mandatory reporters. That means these employees are legally required to report when they observe a child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment or neglect.

Failure to make a mandatory report is a misdemeanor in Idaho. Herndon said he wants to change that.

“Our plan is to basically gut a lot of mandatory reporting law,” he said.

As it stands, however, if a physician believes a child is at risk for harm because he or she is not receiving needed medical care, that physician is legally required to report the situation to CPS.

Once a report is made, Kootenai Health does not make decisions about further steps. Hospitals do not follow up on cases or families referred to CPS, and CPS does not provide any information to people or organizations that made referrals.

“Kootenai Health’s responsibility is only to report,” Cabell said. “It is Child Protective Services’ role to evaluate and determine if any intervention is needed.”