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Lucy Notarantonio

By Lucy Notarantonio

Senior Reporter

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A concerned uncle who is contemplating calling Child Protection Services about his "obese" nephew has turned to the internet for advice.

Almost one in five children and adolescents aged two to 19 have obesity in America, according to the National Health and Nutrition Examination Survey (NHANES). David, who uses the Reddit handle u/SoCalFitOne, said his four-year-old nephew is more than double the average weight of kids his age.

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According to the CDC growth chart for boys aged 2 to 20 years, the weight for a four-year-old boy typically ranges from approximately 30 to 40 pounds, depending on height and percentile rank. However, David estimates his nephew weighs about 100 pounds.

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He wrote: "He has been in the hospital annually for up to 2 weeks at a time. This kid is huge he is still in diapers. He is a very sweet kid but it breaks my heart to see him the way he is.

"I don't like telling people how to raise their kids but seeing how they feed this kid and allow him to [balloon] up to his size multiple times (he loses a ton of weight at the hospital visits) just blows my mind.

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"Would I be the [a******] to call CPS? But I don't want them to lose their kids." Followed by, "please help."

He has since edited the post to highlight that his nephew has no underlying medical issues and points out that he is willing to sacrifice his relationship with his sibling to improve the young boy's health.

Expert Advice

Newsweek discussed the post with 8,000 upvotes with Professor Dale Cecka, Director of the Family Violence Litigation Clinic at Albany Law School in New York.

She said a child can only be removed from their parents if a court finds neglect or abuse and decides removal is necessary. This judicial process aims to protect the child's and parents' rights. Most CPS investigations do not result in removal; parents usually work with social services to address issues. Emergency removals are rare and involve severe circumstances, requiring quick court approval.

She told Newsweek: "On this specific issue, merely being overweight, with no other signs of maltreatment, absolutely does not meet the legal definition of neglect or abuse of a child. An overweight child could not be the subject of an open CPS case solely on the basis of a number on the scale. The legal definition of neglect in most states requires a showing that the parent's actions are directly threatening the child's health, safety, and well-being.

"Perhaps if the parents were locking the child in a room and force-feeding him that would be neglect or physical abuse related to the obesity, but the obesity on its face is not proof of neglect. Further, the harm in removing a child from a parent is always of paramount concern to CPS, i.e. it is often more harmful to a child's psychological well-being to remove them than it is to keep them in the home while working closely with the family to address the underlying concerns."

Cecka said that overfeeding alone is not legal proof of harm by parents. The term is undefined in state statutes and can be subjective. Per the Reddit post, the child has been seen by mandated reporters during hospital visits, who would have reported any suspected harm.

She said: "There is absolutely no reason for this person to call CPS and calling could potentially get in the way of the treatment team."

Reddit Reacts

Many Reddit users agreed with the legal expert as the post shared on June 4, has received almost 3,000 comments.

The top one with 9,600 upvotes said: "It wouldn't matter really if you did. The doctors would be legally obligated to report this to [CPS] if it became dangerous."

Another user said: "Look. If he spends that much time in the hospital. And weighs that much at that age. I am going to assume that there is a serious underlying issue. That you don't know about. Because it isn't your business and, to be frank, you sound like the last person I would ever want to talk to about my, or anyone else's health status. You seem judgemental as all hell."

"Mandated Reporter here, YTA! Child is not neglected and or abused, [original poster] states that the child is in and out of the hospital so clearly the child is getting medical attention. Does OP even know the child's medical diagnosis? Did OP speak to the sibling about the child's weight? If OP makes the call to report their concerns I hope they're big enough to leave their name and not make an anonymous report," said a third user.

How To Teach Kids Healthy Eating Habits

Karine Patel, a pediatric dietitian and founder of Dietitian Fit in London, England, has shared the following tips with Newsweek for parents on how to incorporate great eating habits from a young age:

Newsweek reached out to u//SoCalFitOne for comment. We could not verify the details of the case.

If you have a personal dilemma, let us know via life@newsweek.com. We can ask experts for advice on relationships, family, friends, money and work and your story could be featured on Newsweek's "What Should I Do? section.

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