RELIGIOUS IMMUNITY (1981-2000 Publications)

Clearinghouse on Child Abuse and Neglect Information
P.O. Box 1182
Washington, DC 20013
(703) 385-7565
(800) FYI-3366  (Outside the Washington, DC metropolitan area)
http://www.calib.com/nccanch/database/index.cfm

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Administration on Children, Youth and Families
National Center on Child Abuse and Neglect

This bibliography, unless otherwise noted, includes records of publications produced from
1986 through 2000.

Publications listed in this bibliography that are not under copyright, such as government publications, grant reports, or unpublished papers, are available from the Clearinghouse for a reproductions fee of $0.10 per page. Journal articles are copyrighted, and may be found at a research or university library. Commercially published books, monographs, and reports are available from the publisher listed. Please contact the Clearinghouse for clarification of copyright status on any document and for further ordering information.

CD-37098
Spiritual Treatment Exemptions to Child Medical Neglect Laws: What We Outsiders Should Think.
Dwyer, K. G.
William and Mary Coll., Williamsburg, VA. Marshall-Wythe School of Law.
Journal Article
Copyright   November 2000
Notre Dame Law Review
76147-
Publication Information:
Nortre Dame Univ., IN. School of Law.
Reprints available from:
Notre Dame Univ.
School of Law
Notre Dame, IN  46556
Tel: 219-631-6627
Fax:  219-631-3980
http://www.nd.edu/~ndlaw/
Medical neglect laws should not recognize spiritual or religious exemptions because they preclude the rights and welfare of children. Parents that direct their children's lives in ways prohibited by law, and seek the State's approval, are asking the State to make a decision about their children's lives that State's cannot make, the author argues. Debates over state restrictions on the religious rights of parents often fail to consider the rights of their children. Discussions about religious exemption often view the position of the child as unique, failing to recognize that children share many common characteristics with older individuals within the context of the law. Many general principles can be applied when examining valid reasons for the exercise of authority over their lives. Acknowledging children as individuals, as society increasingly does, implies that some general principles applicable to dependent, non-autonomous persons also apply to their lives. A utilitarian approach is recommended for decisions about spiritual treatment exemptions. Authorities should consider the interests of all involved parties, assigning relative weights to the different interests and balancing them in reaching a decision. 65 references.
Keywords:
medical neglect; religious immunity; parental rights; childrens rights; systems reform;

CD-35357
Pediatricians' and Social Workers' Knowledge and Opinions of Florida's Religious Immunity Laws.
Hartog, M. A.;Freeman, M.;Kubilis, P. S.;Jankowski, R. A.
Journal Article
Copyright   April 1999
Southern Medical Journal
92(4)362-368
Publication Information:
Southern Medical Association, Birmingham, AL.
Reprints available from:
Renee A. Jankowski
Children's Hospital of Austin
1201 W. 38th St.
Austin, TX  78705-1056
Sponsoring Organization:
Florida Univ., Gainesville. Dept. of Pediatrics.
Florida laws grant exemption from prosecution to parents who choose spiritual healing rather than conventional medical therapy for their children. Despite the American Academy of Pediatrics' policy statement supporting repeal of such laws, the authors believe pediatricians are not aware of existing statutes. A survey to assess understanding of Florida's religious exemption laws was distributed to pediatric house staff, faculty, and clinical social workers at a large teaching hospital and to community pediatricians in private practice. Results indicate that 84% of respondents were unaware of Florida statutes, and physicians were significantly less knowledgeable than social workers. Of those who understood the statutes, 92% believed physicians should overrule parents' decisions. Significantly more social workers than physicians believed that parents should be prosecuted for child abuse or neglect when medical treatment is withheld for religious reasons. Further education of pediatric health care workers is required before repeal of these laws will become a priority for legislators. 2 tables, 5 figures, 10 references. (Author abstract)
Keywords:
religious immunity; surveys; legal immunity; medical treatment; florida; laws;

CD-26769
Children's Medical Care in California: Conflicts Between Parent, Child, and State.
Strankman, F. C.
Journal Article
Copyright   Summer 1996
Santa Clara Law Review
36(3)899-928
Publication Information:
Santa Clara Univ. School of Law, CA
Reprints available from:
Santa Clara Univ. School of Law
500 El Camino Real
Santa Clara, CA  95053
Tel: (408) 554-4767
Fax:  (408) 554-4018
http://www.scu.edu/law/
This article examines the legal issues involved in conflicts between parents, children, and the State regarding decisions about medical treatment for children. Analyses used by California and other state courts to guide intervention are specifically discussed. The judicial decisions provide no clear guidance about when the state intervention is justified. In some cases, the courts have applied a balancing test based on the privacy of the family, the state's responsibility to ensure health and safety for children, the probability of recovery with treatment, and the rights of mature minors to refuse their own treatment. In addition, guidelines recommended by the Juvenile Justice Standards Project for court intervention are vague and contain no specific procedures. The article reviews parental interests in asserting rights to religious freedom, alternative treatments, and acceptable risks for treatment and avoidance of pain; the State's interest in protecting children; and the child's interest in making his or her own decisions. The final section proposes that the California legislature establish guidelines for the courts. The statutory law should be based on the advice of experts in medical treatment for children and outline factors that should be considered in any case, such as the seriousness of the medical condition, the nature of treatment, the risk of treatment, the wishes of the child, the best interests of the child, and the reason for the parents' objection.
Keywords:
california; ethics; medical neglect; medical treatment; parental rights; religious immunity; childrens rights; state case law;

CD-22007
Medical Neglect.
Dubowitz, H.;Black, M.
Maryland Univ., Baltimore. School of Medicine.
Chapter in Book
pp. 227-241
Copyright   January 1996
Publication Information:
In: Briere, J., Berliner, L., Bulkley, J. A., Jenny, C., et al. (Editors). The APSAC Handbook on Child Maltreatment. Thousand Oaks, CA, Sage Publications, Inc.
Distributed by:
Sage Publications, Inc.
2455 Teller Rd.
Thousand Oaks, CA  91320
Tel: (805) 499-9774
Fax:  805-499-0871
order@sagepub.com
http://www.sagepub.com
January 1996
This chapter focuses on medical neglect. Reasons that medical neglect has not been given as much attention as other forms of child maltreatment are presented. Issues relevant to conceptualizing child neglect are considered, including actual versus potential harm, the severity of the actual or potential harm, and the frequency or chronicity of neglect. A conceptual definition that incorporates these issues is proposed. Incidence data on child neglect are presented. Factors at the individual, family, community, and societal levels that contribute to the etiology of neglect are discussed. Major manifestations of medical neglect are described, including noncompliance with medical recommendations, failure or delay in seeking health care, religiously motivated medical neglect, and prenatal drug exposure. General principles for evaluation and intervention in child neglect are also presented. 70 references and 2 tables.
Keywords:
medical aspects of child abuse; medical neglect; incidence; etiology; religious immunity; drug exposed infants; case assessment; intervention;

CD-23020
Religion and Child Abuse.
Bottoms, B. L.;Shaver, P. R.;Goodmam, G. S.;Qin, J.
Illinois Univ., Chicago. Dept. of Psychology.
Journal Article
Copyright   Summer 1996
APSAC Advisor
9(2)11-17
Publication Information:
Chicago, IL, American Professional Society on the Abuse of Children
Reprints available from:
American Professional Society on the Abuse of Children
407 S. Dearborn Dt., Suite 1300
Chicago, IL  60605
Tel: (312) 554-0166
http://www.apsac.org
This article discusses the role of religion in fostering, encouraging, and justifying child maltreatment. Beliefs and practices that may lead to child maltreatment include physical abuse related to attempts to rid a child of evil spirits, religiously motivated medical neglect, and sexual abuse perpetrated by persons with religious authority. In a survey of mental health professionals exploring their experiences with ritualistic or religion-related abuse cases, clinicians provided detailed case information about 417 religion-based abuse cases. Results indicate that although physical and psychological abuse and neglect were present at different levels across the types of cases, almost all of the abuse perpetrated by religious authorities was sexual in nature, physical abuse occurred at a higher rate in ridding-evil cases than in other cases, and neglect was most often involved the withholding of medical care cases. Findings provide information about the characteristics of victims and perpetrators, the psychological sequelae of abuse, and the credibility of allegations and legal outcomes of cases. 25 references.
Keywords:
physical abuse; medical neglect; sexual abuse; religious immunity;

CD-34359
In the Name of God: A Profile of Religion-Related Child Abuse.
Bottoms, B. L.;Shaver, P. R.;Goodman, G. S.;Qin, J.
Illinois Univ., Chicago.
Journal Article
Copyright   Summer 1995
Journal of Social Issues
51(2)85-111
Publication Information:
Kluwer Academic-Plenum Publishers, Dordecht (The Netherlands).
Reprints available from:
Kluwer Academic-Plenum Publishers
Journals Dept.
101 Philip Dr.
Assinippi Park
Norwell, MA  02061
Tel: (781) 871-6600
Fax:  (781) 681-9045
kluwer@wkap.com
http://www.wkap.nl
Sponsoring Organization:
National Center on Child Abuse and Neglect (DHHS), Washington, DC.
This article examines cases of religion-related child abuse reported to mental health professionals nationwide. Cases involving the withholding of medical care for religious reasons, abuse-related attempts to rid a child of evil, and abuse perpetrated by persons with religious authority are described in statistical detail. The article argues that society should protect children's rights and welfare whenever they are threatened by religious beliefs and practices. 41 references and 7 tables. (Author abstract)
Keywords:
churches role; religious immunity; medical neglect; religious organizations; parental rights; child protection; clergys role; social policies;

CD-21891
Spiritual Treatment of Sick Children.
Sandt, C.
Journal Article
Copyright   September 1994
ABA Juvenile and Child Welfare Law Reporter
13(7)108-111
Publication Information:
Washington, DC, ABA Center on Children and the Law
Reprints available from:
ABA Center on Children and the Law
740 15th St., NW
Washington, DC  20005-1022
Tel: (202) 662-1743
childlawpractice@staff.abanet.org
http://www.abanet.org/child
This article reviews recent civil and criminal cases that addressed the rights of parents to deny medical treatment for their child. Civil cases usually focus on interventions to protect the child, while criminal charges are made after harm has occurred. In civil cases, the State seeks custody of the child under civil dependency and child maltreatment laws. The court must balance the rights of the parents, the State, and the child. Most recent decisions have ruled in favor of State interventions to protect the child. Criminal proceedings must establish that the parents failed to fulfill their legal duty to provide medical care for their child. Courts use a reasonableness test to determine if parents are negligent. Common defenses include the constitutional right to religious freedom and spiritual exemption. When weighing these rights and exemptions against the rights of the child, most courts rule in favor of medical treatment for the child.
Keywords:
medical neglect; religious immunity; lawsuits; criminal justice system; judicial decisions; constitutional challenges;

CD-21512
Discrimination De Jure: Religious Exemptions for Medical Neglect.
Swan, R.
Morningside College, Sioux City, IA.
Journal Article
Copyright   Winter 1994
APSAC Advisor
7(4)35-37
Publication Information:
Chicago, IL, American Professional Society on the Abuse of Children
Reprints available from:
American Professional Society on the Abuse of Children
407 S. Dearborn Dt., Suite 1300
Chicago, IL  60605
Tel: (312) 554-0166
http://www.apsac.org
This article examines the issue of religious exemptions for medical neglect. The confusing effect of the position of the Department of Health and Human Services (DHHS) on religious exemptions is discussed. The DHHS viewpoint is that States can have a religious exemption from adjudicating a parent as negligent but cannot have an exemption from finding the child to be neglected. DHHS does not allow States to have religious exemptions from abuse unless the abuse exemption clearly involves the withholding of medical care on religious grounds. A House of Representatives bill that prevents the Federal Government from taking any action to protect children from medical neglect is discussed. Various State court rulings on religiously based medical neglect of children are presented. Examples of cases in which children were denied medical care and died are provided. The need to provide equal protection to all children by protecting this one class from the injustice of religious exemption laws is stressed. 24 references.
Keywords:
religious immunity; medical neglect; child abuse laws; child neglect laws; state laws; child fatalities; equal protection;

CD-25833
Parents' Religion and Children's Welfare: Debunking the Doctrine of Parents' Rights.
Dwyer, J. G.
Journal Article
Copyright   December 1994
California Law Review
82(6)1371-1447
Publication Information:
California Univ., Berkeley. Boalt Hall School of Law
Reprints available from:
UC Press, Journals Div.
2120 Berkeley Way
Berkeley, CA  94720
Fax:  (510) 642-9917
http://simon592-4.law.berkeley.edu/
This article challenges the concept of parental rights, particularly in the context of religious beliefs and the state's reluctance to intervene when parent's beliefs conflict with welfare laws or school policies. It explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is legitimate to do so. Parental rights are compared with other individual rights that receive protection under the legal system. The claim that parents should have child-rearing rights is described as inconsistent with certain principles underlying all other individual rights recognized in American society. After demonstrating this theoretical shortcoming of the notion of parenting rights, the article challenges the soundness of the commonly advanced justifications of parental rights. It concludes that all of the proffered justifications for parents' rights are unsound, and recommends a substantial revision of the law governing child- rearing. Children's rights, rather than parents' rights should serve as a basis for protecting the legal interests of children. The law should confer on parents only a child-rearing privilege, limited to actions that do not harm the child's interests. Such a privilege, coupled with a broader set of children's rights, satisfies parents' legitimate interests in child-rearing while providing children with a more appropriate level of protection than they receive under the current legal approach. (Author abstract)
Keywords:
parental rights; childrens rights; religious immunity; legal rights;

CD-18496
Prayer-Treatment Exemptions to Child Abuse and Neglect Statutes, Manslaughter Prosecutions, and Due Process of Law.
Treene, E. W.
United States Court of Appeals for the Second Circuit.
Journal Article
Copyright   Winter 1993
Harvard Journal on Legislation
30(1)135-199
Publication Information:
Harvard Law School, Cambridge. MA
Reprints available from:
Harvard Law School Publications Center
Harvard Law School
Cambridge, MA  02138
Tel: (617) 495-4500
http://www.law.harvard/studorgs/
Many States have prayer-treatment exemptions to their manslaughter and child abuse and neglect statutes, although the scope of those exemptions is often unclear. As a result, Christian Science parents who, in accordance with their religious beliefs, have treated their sick children with prayer, may find themselves accused of violating laws from which they believed they were exempt. This article reviews these prayer-treatment exemptions and analyzes the Christian Scientist cases in light of the due process doctrines of vagueness and reliance. It is argued that prosecutions of Christian Scientist parents violate the parents' rights to due process of law. Recommendations for statutory changes are provided. 375 references. (Author abstract modified)
Keywords:
parental rights; religious immunity; medical neglect; due process; state laws;

CD-19538
Medical Neglect: A Spiritual Issue?
Virginia Child Protection Newsletter, Harrisonburg.
Journal Article
Copyright   Spring 1993
Virginia Child Protection Newsletter
398-9
Publication Information:
James Madison Univ., Harrisonburg, VA. Dept. of Psychology
Reprints available from:
James Madison Univ.
Department of Psychology
Harrisonburg, VA  22807
Tel: (703) 568-6482
graysojh@jmu.edu
Many States grant a religious exemption from child abuse reporting laws for parents who refuse medical treatment for their children because of religious beliefs. This article reviews the controversial exceptions to State laws and Federal regulations that apply to medical neglect. Although many States grant an exemption from child abuse reporting laws, most do not exempt parents from criminal prosecution. Virginia law contains the exemption but specifies that treatment may be ordered by the court, if requested by Child Protective Services. Advocates are lobbying for the removal of the exemption in every State. Judicial, legislative, and regulatory options for repealing the exemption are discussed in the article.
Keywords:
medical neglect; religious immunity; state laws; virginia;

CD-18399
Florida High Court Overturns Murder Conviction of Christian Science Parents.
Bussiere, A.
NCYL.
Journal Article
Copyright   March-April 1993
Youth Law News
14(2)17-19
Publication Information:
National Center for Youth Law, San Francisco, CA
Reprints available from:
National Center for Youth Law
114 Sansome St., Suite 900
San Francisco, CA  94104
Tel: (415) 543-3307
info@youthlaw.org
http://www.youthlaw.org
This article discusses the case of Christian Science parents whose murder conviction was overturned by the Florida Supreme Court. The parents were charged with felony child abuse and murder after their daughter died from juvenile diabetes. The child's appearance and behavior had changed markedly a month before her death, and the medical examiner indicated that the child's death could have been prevented with proper medical treatment. As a result, the State argued that reliance on spiritual healing under these circumstances amounted to criminal negligence. The jury found the parents guilty of felony child abuse and third-degree murder, and, on appeal, the district court affirmed the conviction. However, the Florida Supreme Court overturned the conviction on the basis that the parents' conviction violated due process because Florida law did not give the parents adequate notice of the point at which their reliance on their religious beliefs in the treatment of their child would be considered criminally negligent. This case is compared to a similar California case. 19 references.
Keywords:
florida; state supreme courts; child abuse laws; medical neglect; religious immunity; medical treatment;

CD-18532
Children and Cults.
Langone, M. D.;Eisenberg, G.
American Family Foundation.
Chapter in Book
pp. 327-342
Copyright   1993
Publication Information:
In: Langone, M. D. (Editor). Recovery From Cults. New York, NY, W. W. Norton and Company, Inc.
Distributed by:
W. W. Norton and Company, Inc.
500 Fifth Ave.
New York, NY  10110
Tel: (800) 233-4830
http://web.wwnorton.com
1993
This chapter discusses some of the factors that are associated with child abuse and neglect in religious cults and organizations that use religion as a foundation of their mission. Specifically examined are features of these cults that are conducive to the maltreatment and neglect of children in the form of medical neglect, physical abuse, sexual abuse, and homicide. Cases are cited that demonstrate the relationship between the environmental and hierarchical structure in religious cults and organizations and the high incidence of child abuse and neglect that exists within these groups. The final portion of the chapter presents some broad guidelines for treating adolescents and young adults who have experienced abuse or neglect from involvement in a cult. These guidelines are meant to be interpreted loosely, as little to no empirical or clinical evidence has focused on treatment issues in this area. 44 references.
Keywords:
cults; religious immunity; religious organizations; ritual abuse; religion; medical neglect; physical neglect; sexual abuse;

CD-17917
Christian Science Spiritual Healing, the Law, and Public Opinion.
Richardson, J. T.;Dewitt, J.
Nevada Univ., Reno.
Journal Article
Copyright   Summer 1992
Journal of Church and State
34(3)549-561
Publication Information:
Baylor Univ., Waco, TX. J.M. Dawson Institute of Church-State Studies.
Reprints available from:
William S. Hein and Co., Inc.
1285 Main St.
Buffalo, NY  14209-1987
Tel: (800) 828-7571
(716) 882-2600
mail@wshein.com
http://www.wshein.com
This article reviews the factors and issues involved with the Christian Science Church and the controversies that arise due to its reliance on spiritual healing over medical treatment for illness. Specifically examined are 7 recent cases in which children of Christian Scientists have died of illnesses that spiritual healing was unable to cure. In these cases criminal charges were brought against the parents of the deceased due to neglectful behavior. This article examines these cases and discusses the implications of their outcomes for the future of the Christian Science faith. Also studied is the impact that public opinion had in these situations, and the conflict that exists between the emphasis Federal Government policy places on the protection of children as opposed to the rights of people to practice their religious beliefs. 28 references.
Keywords:
public opinion; religion; churches role; medical neglect; religious immunity; parental responsibility; child protection laws;

CD-17181
Medical Child Neglect: Newmark versus Williams (pro-gen).
Bouldin, P.
Journal Article
Copyright   1991-1992
Journal of Family Law
30(3)673-681
Publication Information:
American Bar Association, Chicago, IL
Reprints available from:
Managing Editor, Journal of Family Law
750 N. Lake Shore Dr.
Chicago, IL  60611-4497
Tel: (800) 285-2221
Fax:  (312) 988-5528
rbright@staff.abanet.org
http://www.aanet.org
This article details a case in which the parents of a 3-year- old boy, who was dying from a form of pediatric cancer known as Burkitt's Lymphoma, rejected the medical treatment proposed for him and sought a course of spiritual aid and prayer guided by a practitioner from the Christian Science Church. After the boy's parents refused medical treatment for him, the Delaware State Division of Child Protective Services petitioned for temporary custody of him so that the hospital could treat him with chemotherapy. The family court found that the boy was a neglected child and awarded custody to the division; however, the parents appealed immediately. The Delaware Supreme Court's analysis of the case is reviewed, focusing on Delaware statutory law on the definition of a neglected child. The Delaware Supreme Court found that the family court failed to consider the importance of the familial relationship and the seriousness of the child's illness in conjunction with the invasiveness of the proposed chemotherapy and its very low chance of success. In addition, the court considered the parents' interest in making decisions for their minor child and the child's interest. Applying the best interest standard, the Delaware Supreme Court reversed the family court's decision and denied the State's petition for temporary custody of the child. Numerous references.
Keywords:
religious immunity; medical neglect; state laws; delaware; liability; parens patriae; child custody;

CD-18511
Child Neglect: General Concepts and Medical Neglect.
Johnson, C. F.;Coury, D. L.
Ohio State Univ. Coll. of Medicine, Columbus. Dept. of Pediatrics.
Chapter in Book
pp. 321-331
Copyright   1992
Publication Information:
In: Ludwig, S. and Kornberg, A. E. (Editors). Child Abuse. A Medical Reference. Second Edition. New York, NY, Churchill Livingstone Inc.
Distributed by:
Churchill Livingstone Inc.
650 Avenue of the Americas
New York, NY  10011
1992
This chapter discusses the national incidence of general neglect and medical neglect. The definition of medical neglect is provided, and situations that may warrant reporting parents for medical child neglect are identified. The issues of religious exemption and cultural practices within the context of medical neglect are addressed. The features that distinguish neglect from dependency are identified. The information that should be included on a form for reporting neglect is outlined, and the elements of a psychosocial assessment are listed. Suggestions for improving reporting of neglect and treating and preventing neglect are offered. A list of suggested readings is also included. 1 reference, 3 tables, and 3 figures.
Keywords:
medical neglect; incidence; physical neglect; religious immunity; cultural factors; medical aspects of child abuse; child abuse reporting; documentation;

CD-16106
Religious Freedom: When It Hurts the Child.
American Prosecutors Research Inst., Alexandria, VA.
Journal Article
Copyright   Spring 1992
CASA Connection
8(2)9
Publication Information:
National CASA Association, Seattle, WA
Reprints available from:
National CASA Association
100 W. Harrison St.
Seattle, WA  98119-4123
Tel: (206) 270-0072
Fax:  (206) 270-0078
staff@nationalcasa.org
http://www.nationalcasa.org
This article considers the right to religious freedom in light of cases where children have died due to the religious practices of their parents. Many children die or have less-than-optimal medical outcomes when parents refuse basic medical treatment because of their belief in spiritual healing. The privacy of family and religious matters might have to be sacrificed when the situation is potentially harmful. Both the National District Attorneys Association and the American Humane Association have called for the repeal of religious exemptions for child abuse. The law allows the court to order medical treatment, but many parents are using the religious freedom clause to avoid prosecution when death and serious disability have already been caused. The right to be free from Government interference in raising children is limited by the child's right to live. The history of prosecutions in these cases and the State laws governing religious freedom in this area are briefly reviewed.
Keywords:
religious organizations; religious immunity; parental rights; legal immunity; medical neglect; child abuse reporting; state laws;

CD-17169
Treatment by Spiritual Means as Defense of Felony Child Abuse: Lybarger v. People (pro-gen).
Banks, L. S.
Journal Article
Copyright   1991-1992
Journal of Family Law
30(3)667-673
Publication Information:
American Bar Association, Chicago, IL
Reprints available from:
Managing Editor, Journal of Family Law
750 N. Lake Shore Dr.
Chicago, IL  60611-4497
Tel: (800) 285-2221
Fax:  (312) 988-5528
rbright@staff.abanet.org
http://www.aanet.org
This article details a case in which a father was charged with felony child abuse resulting in the death of his 5-week-old daughter. The father, a recognized minister in the Word of Faith Evangelistic Association, relied on scripturally based healing by prayer when his daughter experienced cold-type symptoms similar to those recently experienced by other family members who were, in the father's opinion, healed by prayer. The baby's symptoms changed sporadically, and she died on a day when she appeared to be better in the morning but worse later in the day. An autopsy showed that she died from acute necrotizing bronchial pneumonia. A physician testified that medical treatment probably would have saved the baby's life. The jury found the father guilty of felony child abuse resulting in his daughter's death. The Colorado Supreme Court reversed his conviction, and the defendant again asserted the statutory affirmative defense of treatment by spiritual means during his new trial. The Colorado Supreme Court's analysis of the case is reviewed. The court found that the defendant met the criteria for the use of the affirmative defense and that the trial court's instruction to the jury contained erroneous statements of law that improperly left the jury the function of determining the availability of the affirmative defense and eliminated the prosecution's burden of proof with respect to that defense. Accordingly, the case was reversed and remanded to the district court for a new trial. 50 references.
Keywords: religious immunity; medical neglect; felony; child fatalities; evidence; proof; trial courts; state supreme courts;

CD-17366
Commonwealth V. Twitchell: Who Owns the Child?
Robinson, S. D.
Journal Article
Copyright   Spring 1991
Journal of Contemporary Health Law and Policy
7413-431
Publication Information:
Catholic Univ. of America, Washington, DC. Columbus School of Law.
Reprints available from:
William S. Hein and Co., Inc.
1285 Main St.
Buffalo, NY  14209-1987
Tel: (800) 828-7571
mail@wshein.com
http://www.wshein.com
This article discusses the legal ramifications in the Massachusetts case of Commonwealth versus Twitchell, in which Christian Scientist parents were convicted of the manslaughter of their 2-year-old son after they did not seek medical treatment for him based on their religious beliefs. Unlike many other articles, this commentary disputes that the rights of the child and the rights of the State supersede those of the parents in cases involving parenting and religious choices. The facts of the case are reviewed and discussed in light of this assertion, and the nature and origin of the Christian Science religion and church are presented. State laws that exempt Christian Scientists and other religious sects from criminal prosecution and liability are also reviewed. 131 references.
Keywords:
court case dispositions; medical aspects of child abuse; medical neglect; religious immunity; religion; churches role; parens patriae; parental rights;

CD-16214
Allocating the Costs of Parental Free Exercise: Striking a New Balance Between Sincere Religious Belief and a Child's Right to Medical Treatment.
Monopoli, P. A.
Hill and Barlow, Boston, MA.
Journal Article
Copyright   1991
Pepperdine Law Review
18(2)319-352
Publication Information:
Pepperdine Univ. School of Law, Malibu, CA
Reprints available from:
Pepperdine Univ. School of Law
24255 Pacific Coast Highway
Malibu, CA  90265
http://law.pepperdine.edu/law_review/
This article examines the legal issues surrounding cases involving injury or death of children due to the religious beliefs or convictions of parents that dictate against the use of medical treatment for the child. Parents with such beliefs and convictions often have no legal duty to provide their children with medical treatment due to exemptions under State child abuse laws. These exemptions can prevent the State from prosecuting a parent for the misdemeanor of child neglect for the sole reason that a parent relies on treatment by spiritual means instead of seeking medical attention for a child. This article reviews the case of Robyn Twitchell, a 2-year-old whose parents were members of the Christian Science Church, and discusses the origins and constitutionality of exemptions under the law. The article finds that avoiding unnecessary deaths and parental prosecutions requires the abolishment of statutory exemptions to child abuse and neglect laws through judicial, legislative, or regulatory means, and argues furthe