AB 630

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

bodily harm, reckless causation of bodily harm, and failure by persons responsible

for a child's welfare to act to prevent bodily harm is a felony. However, current law

provides that 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 this provision.

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

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

neglect by a caregiver of a 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 provision and

instead provides that a county department may not base a determination that a

child, a member of a child's family, or a child's guardian or legal custodian is in need

of services 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 years 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 provision.

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.