Elimination of a provision that excepts 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, and the election of Christian Science treatment in lieu of medical or surgical treatment. (FE)

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 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 provides that a determination of child abuse or neglect 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 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. This bill eliminates the current law provision 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.

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.