HP3000-L Archives

November 2002, Week 4

HP3000-L@RAVEN.UTC.EDU

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Subject:
From:
Ken Hirsch <[log in to unmask]>
Reply To:
Ken Hirsch <[log in to unmask]>
Date:
Tue, 26 Nov 2002 09:18:39 -0500
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Tom Brandt writes:
>
> Not true. If a parent endangers a child's life by refusing medical
> treatment, courts can force the treatments to take place and even
terminate
> the parental rights of the parents. Nor is there written into law any
wider
> religious freedoms for "certain religious groups" than others.

On the contrary, there are exemptions, and some of them are specific:
http://www.calib.com/nccanch/pubs/readref/exempt.pdf

Here is just the first page of exemptions:

ALABAMA
Ala. Code § 26-14-7.2(a) (Supp. 1998)
When an investigation of child abuse or neglect by the Department of Human
Resources determines that
a parent or legal guardian legitimately practicing his or her religious
beliefs has not provided specific
medical treatment for a child, the parent or legal guardian shall not be
considered a negligent parent or
guardian for that reason alone. This exception shall not preclude a court
from ordering that medical
services be provided to the child when the child's health requires it.
ALASKA
Alaska Stat. § 47.17.020(d) (1996)
A religious healing practitioner is not required to report as neglect of a
child the failure to provide medical
attention to a child if the child is provided treatment solely by spiritual
means through prayer in
accordance with the tenets and practices of a recognized church or religious
denomination by an
accredited practitioner of the church or denomination.
ARIZONA
Ariz. Rev. Stat. Ann. § 8-201(13)(b) (West Supp. 1998)
A "dependent child" does not include a child who in good faith is being
furnished Christian Science
treatment by a duly accredited practitioner.
CALIFORNIA
Cal. Penal Code § 11165.2(b) (West 1992)
A child receiving treatment by spiritual means or not receiving specified
medical treatment for religious
reasons, shall not for that reason alone be considered a neglected child. An
informed and appropriate
medical decision made by parent or guardian after consultation with a
physician or physicians who have
examined the minor does not constitute neglect.
COLORADO
Colo. Rev. Stat. Ann. § 19-3-103 (West Supp. 1998)
No child who in lieu of medical treatment is under treatment solely by
spiritual means through prayer in
accordance with a recognized method of religious healing shall, for that
reason alone, be considered to
have been neglected or dependent within the purview of this article.
However, the religious rights of a
parent, guardian, or legal custodian shall not limit the access of a child
to medical care in a life-threatening
situation or when the condition will result in serious disability. In order
to make a

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