State courts in Texas, Pennsylvania, New York, New Mexico, Indiana and California have grappled with the question in recent years, according to a 2008 report published by the Child Welfare League of America. In all of those cases, except the one in California, courts expanded their state's legal definition of medical neglect to include morbid obesity and ruled that the children were victims of neglect, the report says. Criminal charges were filed only in the California and Indiana cases, but the parents weren't sentenced to jail time in either.
Click here for the full story: http://www.usatoday.com/news/health/weightloss/2009-07-20-obesityboy_N.htm
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