Brain-Damaged Baby to Stay on Life Support

COLUMBUS, Ohio â€”  A brain-damaged baby whose father is accused of abuse cannot be removed from life support because parental rights have not been terminated, the state’s highest court said Thursday. The baby’s father said he saw signs of recovery.

A court-appointed medical guardian does not have authority to make the life-and-death decision in the case of Aiden Stein, the Ohio Supreme Court ruled. The year-old boy, who was diagnosed with shaken-baby syndrome, remains hospitalized and dependent upon a ventilator and feeding tube.

“A probate court has no authority to allow a guardian to make a decision that will terminate the life of a child, when parental rights have not been permanently terminated,� Justice Evelyn Lundberg Stratton wrote.

Matthew Stein, 21, is suspected of injuring his son March 15 and could be charged with murder if the baby dies, police said. No charges have been filed; Stein denies harming the boy.

Officials have said the guardian, Ellen Kaforey, was assigned because Stein and the baby’s mother, Arica Heimlich, 22, have a conflict of interest in determining whether Aiden is kept alive.

Kaforey was in court Thursday and not available for comment. Her attorney, Linda Kersker, said she could not discuss whether there would be an appeal.

A doctor has testified that Aiden is blind, deaf and unaware of his surroundings. The baby’s parents have said they believe their son will recover if given more time.

Aiden opens his eyes and looks at familiar people who speak to him and makes faces when his toenails are clipped, the father said.

“He shows responses to stimulation,� he said, adding that the high court’s decision was a relief.

“It takes a big load off your shoulders as far as going to bed every night wondering what their decision is going to be,� Stein said.

The ruling overturned an appellate court decision that the parents gave up their right to challenge the probate court ruling when they participated in a guardianship hearing in April.

Summit County Probate Judge Bill Spicer had allowed the guardian to have the baby’s life support turned off, but the state Supreme Court halted the order and agreed to hear the case.