SB 384

Under current law, a person is not guilty of the crime of physical abuse of a child

soley because the person provides a child with treatment by spiritual means instead

of medical or surgical treatment. This bill creates a general affirmative defense for

a parent or guardian of an individual under the age of 18 who reasonably uses, on

the individual, spiritual treatment instead of medical treatment.

Also under current law, 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 specifies that this prohibition does

not apply where medical or surgical treatment of a child is required under current

provisions that permit a child to be taken into custody if the child is suffering from

illness or injury or is in immediate danger from his or her surroundings, or to be

taken to a hospital or a physician if the child is believed to be suffering from a serious

physical condition which requires either prompt diagnosis or prompt treatment, or

if medical or surgical treatment is otherwise required by law.