Aug. 04--Rifqa Bary will not be forced to undergo chemotherapy for uterine cancer, which her doctors say is no longer detectable in her body.
Her parents had filed a motion to compel Rifqa, who will turn 18 on Tuesday, to follow a doctor-recommended 45-week course of chemotherapy.
However, her doctors also have told her that she is "disease-free" according to "available imaging techniques," her attorney, Kort Gatterdam, said yesterday in Franklin County Juvenile Court. Because of that, and because "multiple surgeries and chemotherapy" left her sick and weak, she has decided to stop treatment, the attorney said.
Magistrate Mary Goodrich said she cannot order treatment under the law because Rifqa's case is not an emergency and her health is not in immediate danger.
Her parents' attorney, Omar Tarazi, stressed that the doctors warned that the cancer is very likely to come back without chemotherapy, and that the consequence could range from her needing a hysterectomy to death.
Both Rifqa and her parents, Mohamed and Aysha Bary, were in court yesterday.
The Barys are "feeling helpless under the circumstances," Tarazi said.
Goodrich expressed some sympathy for the Barys' position, saying that she's "never gotten the impression they didn't care very much for their daughter."
Rifqa will keep monitoring her health with her doctors, Gatterdam said, and "she is mature enough to make the decision she's made."
Anne O'Leary, chief legal counsel for Franklin County Children Services, which has custody of Rifqa, confirmed that the teen was found competent in a psychiatric evaluation yesterday morning.
Gatterdam disputed a motion filed by Tarazi that said Rifqa was refusing treatment because she had been taken to a faith-healing event in Youngstown and believed she was cured. Rifqa went to a "prayer conference" shortly after her diagnosis and received medical treatment after that, Gatterdam said.
The other matter to be discussed -- Rifqa's immigration status -- was postponed until today.
Rifqa, always extremely petite, appeared thin but happy and upbeat. She gathered with about 10 supporters after the hearing.
The Barys' public drama began in July 2009, when Rifqa ran away to Florida, accusing her parents of threatening to kill her for leaving Islam. Her parents have denied that, and authorities have not substantiated the accusations.
The case is to conclude Tuesday on Rifqa's 18th birthday. All parties are under a gag order while the case is pending.
mheagney@dispatch.com
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