2016 Most states allow religious exemptions from child abuse and neglect laws

All states prosecute parents whose children come to severe harm through neglect. But in 34 states (as well as the District of Columbia, Guam and Puerto Rico), there are exemptions in the civil child abuse statutes when medical treatment for a child conflicts with the religious beliefs of parents, according to data collected by the U.S. Department of Health and Human Services.
Additionally, some states have religious exemptions to criminal child abuse and neglect statutes, including at least six that have exemptions to manslaughter laws.

These exemptions recently drew renewed attention in Idaho when, in May, a state task force [url=http://idcartf.org/ckfinder/userfiles/files/annual report child deaths 2013-may2016.pdf]released a report[/url] stating that five children there had died unnecessarily in 2013 because their parents, for religious reasons, had refused medical treatment for them. The report has prompted some of Idaho’s legislators to begin pushing for a repeal of state laws that protected the parents of these children from civil and criminal liability when they refuse to seek medical treatment for religious reasons.


Such legal exemptions in Idaho and other states mean that if a parent withholds medical treatments for an ailing child and instead opts for spiritual treatment through prayer, the child will not to be considered “neglected” under the law, even if he or she dies. These exemptions are meant to accommodate the teachings of some religious groups, such as Christian Scientists and the Idaho-based Followers of Christ. Some of these groups urge and, in the case of Followers of Christ, sometimes mandate the use of faith-based healing practices in lieu of medical science.

In most cases, adults are free to make their own decisions as to how or even if they want to treat an illness. But when the patient is a minor and still legally under the care of parents or guardians, the issue can quickly become fraught with competing claims, from child welfare and medical necessity to parental rights and religious liberty.

Currently, 19 states and territories have no religious exemptions to civil child abuse and neglect statutes. Tennessee recently became the 19th state when it removed its religious exemption after a girl, whose mother opted for spiritual treatment through prayer, died of cancer.
Nevada and American Samoa have exemptions that do not specifically mention religion, but could apply to religion. For instance, American Samoa’s statute says, “those investigating child abuse must take into account accepted child-rearing practices of the culture in which the child participates.”

The exemptions came into being as a result of federal requirements that no longer exist; they grew out of the federal Child Abuse Prevention and Treatment Act (CAPTA), which was signed into law by President Richard Nixon in 1974. While that statute did not mention religious exemptions specifically, the requirements issued by what was then the Department of Health, Education and Welfare for states to receive federal funding specified that a religious exemption must be added to the state’s child protection laws. In 1983, this requirement was removed. A religious exemption was added to the text of the law in 1996 but that, too, was removed in 2003. The most recent reauthorization does not include a religious exemption.

In many states religious exemptions are not absolute. Sixteen states and territories that have such exemptions mention that if treatment is given through spiritual means alone it must be in accordance with the practices of a “recognized” religious denomination. (These include Pennsylvania, which specifies that the parent’s beliefs must be consistent with a “bona fide religion.”) Three additional states – Arizona, Connecticut and Washington – have exemptions that specify that children receiving Christian Science treatment from an accredited Christian Science practitioner are not considered neglected.

In addition, 17 of the states and territories that have exemptions specify in their statutes that, in some cases, a court can order treatment for children, regardless of the parent’s religious wishes. Colorado’s law states: “The religious rights of the parent shall not limit the access of a child to medical care in a life-threatening situation.” Florida, similarly, states: “This exception does not preclude a court from ordering medical services or other treatment to be provided when the health of the child so requires.”


http://www.pewresearch.org/fact-tank/2016/08/12/most-states-allow-religious-exemptions-from-child-abuse-and-neglect-laws/

Yes, indeed ...the shocking reality of that pendulum swing irony!
On one hand those morality Religious-Bible Thumpers will demand the right to do 'as God will for their own child/family medical needs - Pray Away The Illness' and on the other hand stand forefront and against the PP Clinics that support and help all of those lower income families and children {with all of their agencies beneficial assistance besides the abortion issue} as a 'SATAN' clinic and staffed with demonic minded from hell'.  
Interesting Paradox to what the R-minded in America see as their religious rights and what others Rights are! 

Good grief, that is utterly appalling!

As I keep saying, no religious belief should superscede the law and second

The US is years behind the Uk on progression

Third, this is what i speak of being the problem with literal religious belief.

sassy wrote:Good grief, that is utterly appalling!

I can't think of any one single medical case that stands out as vividly as the Terry Schiavo medical case has for me and my country! 

Perspective
Terri Schiavo — A Tragedy Compounded
Timothy E. Quill, M.D.
N Engl J Med 2005; 352:1630-1633 April 21, 2005 DOI: 10.1056/NEJMp058062
http://www.nejm.org/doi/full/10.1056/NEJMp058062

When my nation was facing another developing apocalyptic financial avalanche that would have made '1929 BLACK TUESDAY - Wall Street Crash' look like a cake walk ...2 on going wars - recovery from 9-11 and our entire Congress called for an emergency session to discuss the "Terri Schiavo" case on a SUNDAY, no less!

I remember that!   Wasn't her husband abusive to her and because they were still married he had the final say?   That was truly awful and I so felt for her poor parents.

AS WITH the NRA,  favoured big businesses, and other select special interest groups...

Fundi'/Evangelical groups in the USA have political influence and imagined "rights", that are way out of proportion to their actual proportion of the population..

And, that allow their false "rights" and fantasy claims to all-too-often override both the common good, and the welfare of innocent, and often defenceless, children, disadvantaged, the marginalised; as well as communities, wildlife and the environment.        

Like I keep saying

Where you have a large percentage of neo-conservative religious political beliefs in the word, is where you see poor levels of equality
From the US to most Africa to the majority Middle East and parts of Asia.

As I keep saying the US is years behind Europe in progression, mainly as its Federal system is flawed

Can you believe that Texas -- Texas -- doesn't have any?

Because I frankly cannot ...

I think the federal system needs to be updated. It was created in a time when the pace of change was much slower, and how could anyone have the foresight to factor in an accelerating pace of change?

Perhaps that would mean longer terms for the House of Representatives -- it seems ridiculous that they have to run for re-election every two years, that's making them pretty much always running for re-election and doesn't give them time to learn the job -- along with a more robust means for them being recalled.

Then you have the whole swampy area of states' rights -- what are they? There's a lot of disagreement, obviously. Then, some would say the founders intended that vagueness so that people could renegotiate the rules in order to adapt to changing times.

But I think the biggest problem in the U.S. right now is the conservative media industry headed by Fox News and Rush Limbaugh. They are responsible for the phenomena of American neighbors who have completely different concepts of what's going on in the country at any given moment.

Stop making excuses on the media Ben, this is laws that allow excemptions, which should never be the case.

You have had a Democrat President in power who has a great record domsetically, but this is an utterly failing on his part to resolve

Didge wrote:Stop making excuses on the media Ben, this is laws that allow excemptions, which should never be the case.

You have had a Democrat President in power who has a great record domsetically, but this is an utterly failing on his part to resolve

Excuses on the media, where? I professed my genuine astonishment that the gang of religious psychopaths that runs Texas hasn't enacted any of these exceptions laws.

And you really seem to be deeply delusional about what power the president really has. The president can't just start unilaterally changing the rules all willy-nilly, without anybody else's input, like I do here on NewsFix.

Ben Reilly wrote:

Didge wrote:Stop making excuses on the media Ben, this is laws that allow excemptions, which should never be the case.

You have had a Democrat President in power who has a great record domsetically, but this is an utterly failing on his part to resolve

Excuses on the media, where? I professed my genuine astonishment that the gang of religious psychopaths that runs Texas hasn't enacted any of these exceptions laws.

And you really seem to be deeply delusional about what power the president really has. The president can't just start unilaterally changing the rules all willy-nilly, without anybody else's input, like I do here on NewsFix.

Not delusional at all or on his power, when he can champion as he did a health plan for the US, he can crtainly champion childrens rights and protect them from neglect and abuse.
If he does not have the power to protect the rights of children, thn i suggest you seriously rethink your laws
So I never said he could just change the laws, but he certainly could champion a cause to protect children from this abuse
So again you make feeble excuses for what is a massive failing on what otheriwse has been a very good domestic presidency

What is it with you lefties where you simply cannot admit failings?