Last Updated on September 13, 2024
When most people are dangerously ill, they visit a doctor. However, a small segment of the population believes that if they are meant to heal, prayer will cure their ailments. While this could result in deadly consequences for diseases that may be easily treatable with medication, it is still that person’s choice to trust in God rather than the doctor.
When it comes to children though, that is not a valid choice under California law if it means the child’s life is put at risk. If your child died because you relied on faith healing and denied them medical treatment, a lawyer can help you fight any resulting manslaughter charges.
California’s Religious Exemptions to Child Abuse Laws
While some states provide no religious exemptions to what would ordinarily be child abuse or neglect cases, California does. Even so, these exemptions only extend to misdemeanor cases. So, if a child has been harmed in a way that would normally result in felony charges, you can be arrested and prosecuted, even if the injuries were a result of your faith.
In cases involving discipline guided by religious practices, these charges can often be dismissed with the help of an attorney because child abuse can be filed as a misdemeanor or felony. If the child dies as a result of discipline or refusing medical treatment, though, parents will face felony manslaughter or murder charges. In these cases, it does not matter whether the reason was related to religious beliefs or not.
When Refusing Medical Treatment is Manslaughter
Proving that a child’s death due to lack of medical treatment is manslaughter can be a challenge for the prosecution. That’s because they can’t just say, “the child obviously wouldn’t have died if they received treatment.” Instead, the prosecution must prove:
- the medical community is generally in agreement about a treatment for the child’s condition
- the expected outcome of that treatment is a reasonably healthy, normal life
- the child died because they didn’t receive the standard medical treatment
- the parents denied their child medical treatment
So, for example, if the child was suffering from a relatively mild case of strep throat that most doctors would not consider dangerous, the parents should not be found guilty. Additionally, charges should not apply if the parents relied on faith-based healing until a condition became dangerous and they sought treatment before the child died. Alternatively, if the parents chose a faith-based treatment after learning the medical solution would leave their child paralyzed, they have that right and cannot be charged.
Call a Lawyer Immediately
These cases can be incredibly complex and difficult for parents already suffering from the loss of their child. If you have any questions about a parent’s right to refuse medical treatments in favor of faith-based healing or if you are being charged with a crime related to your religious beliefs, Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 today to schedule a free initial consultation.
