Elimination of an exception for spiritual treatment of a child in the law criminalizing physical abuse of a child and in the laws governing the practice of medicine or surgery, the investigation of child abuse or neglect, the administration of psychotropic medication to juveniles in correctional custody, the election of Christian Science treatment in lieu of medical or surgical treatment, and providing a penalty

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Who's behind it

8 lawmakers are its authors⁠. All 8 are Democrats.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA
• Fiscal Estimate From DCF
• Fiscal Estimate From DHS
• Fiscal Estimate From DOC
• Fiscal Estimate From SPD