Boy's parents yield in cancer dispute

NEW ULM, Minn. - A Minnesota boy's parents who refused chemotherapy for his cancer told a judge yesterday they now agree to the treatment, and the judge ruled that their son can stay with them.

Daniel Hauser, 13, has Hodgkin's lymphoma. He and his mother missed a court appearance last week and left the state to seek alternative treatments.

When Brown County District Judge John Rodenberg asked an emotional Colleen Hauser if she now believed chemotherapy was necessary to save her son's life, she replied: "Yes I do." Anthony Hauser also agreed.

Daniel is scheduled for a round of chemotherapy tomorrow at Children's Hospital and Clinics of Minnesota.

Daniel and his mother returned to Minnesota on Monday after almost a week on the run. Dr. James Joyce evaluated Daniel at the family's home in Sleepy Eye, and then made an appointment for Daniel to see an oncologist.

That exam showed a tumor in Daniel's chest had grown - and was larger than it was when he was diagnosed in January, according to a medical report read in court by Rodenberg. The tumor is pushing against Daniel's trachea, causing pain that Daniel rated as a 10 on a scale of one to 10.

"The doctor is stating in the strongest possible terms that this course of chemotherapy has to commence and commence soon," the judge said.

Attorneys for Brown County Family Services and for the guardian ad litem - the guardian appointed for the length of the court proceedings - objected to the judge's ruling, saying they wanted Daniel to stay in foster care.

The judge ruled this month that Daniel would be placed in protective custody if his parents did not abide by a court order to see an oncologist.

"I do not see why the court would consider a change in custody status," said Tom Sinas, attorney for the guardian ad litem. "The only thing that has happened since we were last here is that Colleen Hauser fled the state with her son. I don't see how that is the basis for revisiting the custody decision."

James Olson, Brown County prosecutor, said social workers at Children's Hospital told them that as recently as Monday, when Daniel saw the oncologist, the Hausers were still saying they didn't want chemotherapy.

"I am concerned that if Danny doesn't like the second round of chemotherapy he's going to say, 'I'm going to run away again,' and we're going to be right back where we started," Olson said. "These folks have had a history of changing their minds."

Attorneys for the Hausers said Daniel, who wasn't in court, should stay with his parents and seven siblings.

"This family clearly loves and cares for Danny," attorney Tom Hagen said. "The environment at the Hausers' home is loving and caring."

Turning to Colleen and Anthony Hauser, the judge said: "I'm taking you at your word. We're starting over right now."