AB 790

This bill eliminates certain protections for the election of spiritual prayer or

faith-based healing on behalf of a child.

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 in lieu of 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 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.