In re Phillip B.

Twelve-year-old Phillip B., who had Down syndrome and a congenital heart defect, lived in a residential care facility. Cardiac catheterization in 1977 revealed an extensive heart problem that his physicians said would cause an early death after progressive decline without surgery — surgery that would substantially increase his life expectancy but carried a 5-to-10 percent risk of death, plus a higher risk of post-operative complications, due to his Down syndrome and years without treatment. His parents refused to authorize the surgery, and a petition was brought under California law to make Phillip a dependent of the court solely to authorize the surgery; the court denied the petition, and an appeal followed.