PORTLAND — The child welfare agency that won the right to make medical decisions on behalf of a brain-injured infant is backtracking, saying it will defer to the wishes of the child’s mother.

Maine Department of Health and Human Services Commissioner Mary Mayhew said in a statement that her agency will not exercise its authority in the event Maine’s supreme court upholds a do-not-resuscitate order. The agency had asked for the authority to impose the order, and a state district judge granted it.

“If the higher court upholds the previous decision that a parent’s rights can be overridden by the department, this administration will not exercise that misplaced authority,” Mayhew said.

The teenage mother, Virginia Trask, originally agreed to the do-not-resuscitate order after her then-6-month-old daughter was severely injured in December in what police described as an assault by the youngster’s father. The baby cannot see or hear and suffers severe ongoing health problems.

Trask, now 18, changed her mind when the girl was removed from life support, placed in her arms, then opened her eyes and began breathing. But child welfare officials pressed for the DNR order anyway.

A state judge who gave child welfare officials authority to make medical decisions found that “neither parent can be counted on to be physically or emotionally available to make the necessary informed decision when needed.” The mother also had previously expressed an interest in reuniting with the father, who’s awaiting trial next month on charges of aggravated assault, according to court documents.

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Maine’s supreme court is due to hear arguments this month.

Upon learning of the matter, Maine Gov. Paul LePage expressed support for allowing the mother to make medical decisions as long as her parental rights remain intact under state law. He also called for a full review of how the department handled the case.

State attorneys who supported the request to intervene were guided by a similar case in which the state was granted temporary power to make medical decisions on a child’s behalf, said Timothy Feeley, spokesman for the attorney general’s office.

“The attorneys of the Child Protection Division worked closely for many months with numerous members of DHHS to address the interests of the child in this matter consistent with the law. We look forward to working with the department to ensure the interests of the child continue to be fully represented,” he said.

For now, the injured baby remains in foster care, and Trask retains visitation rights. Her lawyer was in court Tuesday morning and had no immediate comment.


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