Saturday, October 08, 2005

Texas Supreme Court allows Edward Wernecke to visit Katie

Court allows visits

The Texas Supreme Court stepped in on behalf of cancer patient Katie Wernecke's family Friday by issuing an order allowing Edward Wernecke supervised contact with his daughter.

Before the court's decision, only Katie's mother Michelle was allowed to see her daughter on the condition that she not discourage Katie from accepting prescribed cancer treatment for her Hodgkin's disease, a cancer of the lymph nodes.

The court's order maintains neither parent will have access to Katie if it is determined they are persuading her to avoid treatment. All contact must be scheduled ahead of time and in cooperation with the Texas Department of Family and Protective Services.

The order states that a department representative must be present by telephone or in person during all contact with Katie.

Officials with the Nueces County Attorney's office said late Friday night it was too soon to comment on the development.

Edward Wernecke said he was grateful for the small victory.

"It's a small step forward and a very important step," he said. "A child should not have to go through this."

The order also overrules Judge Carl Lewis' order in juvenile court that Michelle Wernecke's contact with Katie be terminated if she doesn't encourage Katie to comply with treatment plans in writing.

Edward Wernecke, whose wife Michelle was out of state because of a family illness, said Friday he had already tried to schedule a time to contact his daughter, whom he has not spoken with in 30 days.

"I just want to tell her I love her and how much I missed her," he said.

Aaron Reed, spokesman for Child Protective Services, said the court's order didn't change much, as far as the state's position that Katie must receive appropriate treatment.

"This doesn't at all change our plans for Katie," Reed said. "For her to receive the treatment, her medical team says it's necessary to get her better so she can go back home."

Wernecke family attorneys could not be reached for comment late Friday.

Katie has been in Child Protective Services custody since June 4, after her parents refused radiation treatments for her cancer. She was diagnosed in January with the cancer and underwent six rounds of chemotherapy at Driscoll Children's Hospital.

Katie has been at M.D. Anderson Cancer Center, where doctors recommended she undergo high-dose chemotherapy followed by radiation.


A small step in the right direction. Still this family's lives have been utterly ruined by the state government. They've learned a bitter lesson: the government owns you from cradle to grave.

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