Seattle – To her defenders, Tina Carlsen was a concerned mother exploring natural alternatives to surgery for her 9-month-old infant.
To the state, she was a kidnapper who prompted an Amber Alert and an order restricting contact with her toddler until after her trial.
Carlsen was charged with second-degree domestic-violence kidnapping last month after she slipped baby Riley out of a hospital in a diaper bag to avoid surgery ordered by his doctors and a judge.
The case has put her at the center of a battle testing the rights of parents and the roles of doctors and judges in disputes over children’s medical treatment.
State judges can override a parent’s wishes concerning such treatment, but the child’s life typically must be in imminent danger.
“It’s a difficult balancing act for states and courts,” said Steve Calandrillo, a University of Washington law professor who specializes in debated areas of medicine. “Parents are generally given considerable latitude in their decisions before a state will interfere.”
Riley was born with poorly functioning kidneys and is likely to need a kidney transplant in the future.
His doctor wanted to prepare him for dialysis by surgically implanting equipment to connect him to a dialysis machine.
His mother, whose family has a history of kidney disease, questioned why the operation and the dialysis could not wait until they were really needed.
Carlsen’s doctor alerted Child Protective Services at least three times after Carlsen sought to treat her son with natural remedies instead of surgery. The child’s parents asked to see another physician, but Dr. Nicole Becker stayed involved, according to Carlsen’s attorney, Michael Shipley.
When Carlsen sneaked her child out of the hospital on June 22, doctors did not believe Riley’s condition was life-threatening, but they feared it would worsen.
After the child disappeared, authorities issued an Amber Alert and spent two days searching for the pair. They were found 50 miles south of Seattle.
Carlsen, 34, returns to court today to seek custody. “He’s my baby,” she said. “I’m going to fight until I die.
