While I am not a lawyer and therefore cannot speak on the legal subtleties of parental authority vs. the child’s welfare, I can say this: generally speaking, the parents have the prerogative to determine what is best for the child. If it is determined that parental actions are causing harm to the child’s welfare, then parental authority is superseded by legal authority. This is how we have laws in place regarding child abuse and neglect. It has never been established anywhere, even by audiologists and otolaryngologists that have a favorable view of cochlear implants, that withholding a cochlear implant will cause severe physical or psychological harm to the deaf child. Cochlear implantation is an elective procedure, and parents choosing not to pursue that option are not necessarily dooming their child to failure. Being deaf does equate to being helpless, even in a hearing world.
I’ll never claim that being deaf is a picnic. There are many things about my severe-to-profound deafness that I don’t like. It meant that I would never be able to join the military. It meant that certain careers would never be open to me. It meant that I would grow up having great difficulty being accepted by many of my hearing peers. It meant that I have never heard what the voices of my family and friends really sound like, nor have I ever heard what a particular piece of music really sounds like…even with hearing aids, since the frequency range of a hearing aid’s output doesn’t come close to reproducing the possible frequency range of normal hearing. It meant being a wallflower at parties because it was usually too noisy to pick out the words that another person was saying. It meant great sacrifices on the part of my family to deal with raising a child with this impairment.
But it did not mean that I would never be a success. Today I am an audiologist, and I try to use my personal experiences to help inform me in dealing with individuals with hearing losses. Although I’m not a user of American Sign Language (I can only fingerspell and use and understand some phrases), I still have to work hard at understanding the world around me. This would be true of anyone with a cochlear implant. The implant will not restore anything resembling normal hearing. Even with the implant, the child will have a long road ahead in terms of learning how to communicate efficiently.
Put simply, there are no quick and easy choices here.
In your statement quoted above, you seem to suggest that cochlear implantation would always be the best option. That seems to ignore that families of deaf children can differ widely in terms of how they view deafness and deaf culture. Instead of saying that cochlear implants are best for all deaf children, I take the view that it is best primarily for the families who are committed to an oral education program for their child, and who understand the time, effort, and money that it will take to achieve optimal results. The evaluation of what is best for a child needs to be done on a case by case basis.
Also, it needs to be pointed out that there are some cases where a deaf child may not be considered a good candidate for implantation, even if the family is actively interested in pursuing that option. There may be physical or psychological conditions that would contraindicate cochlear implantation, or at least severely reduce the chances of a favorable outcome.
Personally, I think that cochlear implants are an exciting technology and shows great promise. It is not a perfect technology, but then again, neither are hearing aids. But who knows what these technologies will become a hundred years from now?