AB 590

Under current law, physical abuse of a child, including intentional causation of

bodily harm, reckless causation of bodily harm, and failure to act to prevent bodily

harm by persons responsible for a child's welfare, is a felony. However, a person is

not guilty of physical abuse of a child solely because he or she provides certain forms

of spiritual treatment versus medical or surgical treatment. This bill eliminates the

exception.

Under current law, a county department of human services or social services

(county department) that receives a report of suspected or threatened child abuse or

neglect by a caregiver of the child must investigate to determine whether abuse or

neglect has occurred or is likely to occur and whether the child, a member of the

child's family, or the child's guardian or legal custodian is in need of services. Current

law, however, provides that a determination that abuse or neglect has occurred may

not be based solely on the fact that the child's parent, guardian, or legal custodian

in good faith selects and relies on prayer or other religious means for treatment of

disease or for remedial care of the child. This bill eliminates that exception and

instead provides an exception to the requirement that the county department

determine whether the child, a member of the child's family, or the child's guardian

or legal custodian is in need of services. Under that exception, the county

department may not base a determination that those services are needed solely on

the fact that the child's parent, guardian, or legal custodian has cultural or religious

child-rearing beliefs and employs cultural or religious child-rearing practices that

differ from general community standards, unless those beliefs and practices present

a specific danger to the physical or emotional health or safety of the child.

Under current law, the court assigned to exercise jurisdiction under the

Juvenile Justice Code (juvenile court) may grant permission for the Department of

Corrections (DOC) or a county department to administer psychotropic medication to

a juvenile 14 year of age or over who is under the supervision of DOC or the county

department and who wishes to be administered such medication if the consent of the

juvenile's parent or guardian is unreasonably withheld, a physician has determined

that the juvenile is in need of such medication, and the juvenile is competent to

consent to the administration of such medication. Current law, however, provides

that the juvenile court may not determine that a parent's or guardian's consent is

unreasonably withheld solely because the parent or guardian relies on treatment by

spiritual means through prayer for healing in accordance with his or her religious

tradition. This bill eliminates that exception.

Current law provides that a person who elects Christian Science treatment in

lieu of medical or surgical treatment for the cure of disease may not be compelled to

submit to medical or surgical treatment. The bill limits the provision to apply only

to the election of Christian Science treatment by an adult patient.