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Religious Exemptions to Child Neglect Last Updated February 2015

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Religious Exemptions to Child Neglect Last Updated February 2015 Religious Exemptions to Child Neglect Last Updated February 2015 Summary of Content 39 states, the District of Columbia and Guam have laws providing that parents or caretakers who fail to provide medical assistance to a child because of their religious beliefs are not criminally liable for harm to the child. There is also no Federal requirement that a parent or legal guardian provide a child any medical treatment that is against the religious beliefs of the parent or legal guardian.1 At the time Congress passed the Child Abuse Prevention & Treatment Act in 1974 to create a uniform approach to child abuse, it deferred to the Department of Health, Education and Welfare (now Health and Human Services) to determine the religious exemption policies of the act.2 HEW mandated that the states adopt religious exemptions to child neglect before they could receive federal funding for state child-protection programs.3 Although the department adopted new regulations in 1983 striking down this requirement,4 few states have repealed these religious exemption laws. Most of these statutes require that in order for religious beliefs to be a valid reason for denying a child medical care, the religion must be a recognized church or a religious denomination. The Supreme Court had not addressed whether or not neglect exemptions for religious purposes violate the Establishment Clause.5 1 42 U.S.C.A. § 5106i (2014). 2 Towards A New Lens of Analysis: The History and Future of Religious Exemptions to Child Neglect Statutes, 14 Rich. J.L. & Pub. Int. 375, 376 (2010). 3 Id. 4 Id. 5 Id. at 394. National Center for Prosecution of Child Abuse National District Attorney Association www.ndaa.org 1 Scope of Compilation This document is a comprehensive compilation of Religious Exemption statutes from all U.S. jurisdictions including states, territories, and the federal government. It is up-to-date as of February 2015. Please note that we recommend checking both case law and current legislation in addition to the statutes listed below. For further assistance, consult the National District Attorneys Association’s National Center for Prosecution of Child Abuse at 703.549.9222, or via the free online prosecution assistance service http://www.ndaa.org/ta_form.php National Center for Prosecution of Child Abuse National District Attorney Association www.ndaa.org 2 TABLE OF CONTENTS Click on the state heading to go to the statutes section. ALABAMA ......................................................................................................................................................... 5 Ala. Code § 12-15-301 (2015). Juvenile Code- Dependency and Termination of Parental Rights.................. 5 Ala. Code § 26-14-7.2 (2015). Child denied medical treatment due to parents’ religious beliefs .................. 7 Ala. Code § 13A-13-4 (2015). Nonsupport. .................................................................................................... 7 Ala. Code § 13A-13-6 (2015). Endangering Welfare of Child. ........................................................................ 8 ALASKA ............................................................................................................................................................. 8 Alaska Stat. § 11.51.120 (2015). Criminal Nonsupport. ................................................................................. 8 ARKANSAS ........................................................................................................................................................ 9 Ark. Code Ann. § 9-30-103 (2015). Definitions.............................................................................................. 9 CALIFORNIA ................................................................................................................................................... 10 Cal. Penal Code §11165.2. (2015). Neglect, Severe Neglect and General Neglect Defined .......................... 10 Cal. Penal Code §11165.3. (2015). “Willful harming or injuring of a child or the endangering of the person or health of a child” ...................................................................................................................................... 11 COLORADO ..................................................................................................................................................... 12 Colo. Rev. Stat. §19-3-103 (2015). Child Not Neglected—when ................................................................ 12 CONNECTICUT ............................................................................................................................................... 12 Conn. Gen. Stat. § 17A-104 (2015). Treatment by Christian Science practitioner ........................................ 12 DELAWARE ..................................................................................................................................................... 13 Del. Code Ann. tit. 16, § 901 (2015). Definitions. ......................................................................................... 13 Del. Code Ann. tit. 16, § 913 (2015). Child under treatment by spiritual means not neglected. ................. 18 DISTRICT OF COLUMBIA ............................................................................................................................. 18 D.C. Code § 4-1321.06 (2015). Reports of Neglected Children. Exceptions for treatment solely by spiritual means. .......................................................................................................................................................... 19 FLORIDA ......................................................................................................................................................... 19 Fla. Stat. Ann. § 39.01 (2015). Definitions. ................................................................................................... 19 GEORGIA ......................................................................................................................................................... 34 Ga. Code Ann. § 49-5-180. (2015). Definitions. ............................................................................................ 34 Ga. Code Ann. § 15-11-107. R49-5-180. (2015). Religious nonmedical healing; child is in life-threatening situation or child’s condition will result in serious disability ........................................................................ 37 IDAHO ............................................................................................................................................................. 38 Idaho Code Ann. § 18-1501 (2015). Injury to children. ............................................................................... 38 ILLINOIS .......................................................................................................................................................... 38 § 325 Ill. Comp. Stat. 5/3 (2015). Definitions. ............................................................................................. 38 § 750 Ill. Comp. Stat. 50/1 (2015). Definitions. ............................................................................................... 46 INDIANA .......................................................................................................................................................... 56 Ind. Code Ann. § 35-46-1-4 (2015). Neglect of a dependent; child selling. .................................................. 56 IOWA ............................................................................................................................................................... 58 Iowa Code § 232.68 (2015). Definitions. ..................................................................................................... 58 KANSAS ........................................................................................................................................................... 62 Kan. Stat. Ann. § 21-5601 (2015). Endangering a child; aggravated endangering a child ........................... 62 KENTUCKY...................................................................................................................................................... 63 KY. Rev. Stat. Ann. § 600.020. Definitions for KY. Rev. Stat. Chapters 600-645 ........................................... 63 LOUISIANA ..................................................................................................................................................... 72 LA. Child. Code Ann. art. § 603 (2014). Definitions. ...................................................................................... 72 MAINE ............................................................................................................................................................. 78 National Center for Prosecution of Child Abuse National District Attorney Association www.ndaa.org 3 Me. Rev. Stat. tit. 22, § 4010 (2015). Spiritual Treatment. .......................................................................... 78 Me. Rev. Stat. tit. 17-a, § 557 (2015). Other Defenses. ............................................................................... 78 MICHIGAN ....................................................................................................................................................... 79 Mich. Comp. Laws § 722.634 (2015). Religious beliefs; medical treatment ..............................................
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