VIRGINIA
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child shall not be considered neglected or abused solely because their parents provide spiritual treatment in accordance with the practices of a recognized church.
Virginia Law Provides:
[N]o child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. . . . .
Virginia Code §16.1-228(2)
[N]o child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services. . . .
Virginia Code §16.1-228
[N]o child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child. . . .
CRIMINAL MEDICAL NEGLECT STATUTE
A parent shall not be held liable for child abuse, neglect, manslaughter, and failing to secure medical attention if they providing spiritual treatment in accordance with the practices of a recognized church denomination.
Virginia Law Provides:
VIRGINIA defense to criminal child abuse and neglect, manslaughter, and failing to secure medical attention for an injured child
Any parent, guardian or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered to have criminally abused or neglected the child.
Virginia Code §18.2-371.1(C)
Any parent or other person having custody of a minor child which child shows evi-dence of need for medical attention as the result of physical injury inflicted by an act of any member of the household, whether the injury was intentional or unintentional, who knowingly fails or refuses to secure prompt and adequate medical attention, or who conspires to prevent the securing of such attention, for such minor child, shall be guilty of a Class 1 misdemeanor; provided, however, that any parent or other person having custody of a minor child that is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not, for that reason alone, be considered in violation of this section.
Virginia Code §18.2-314
Note: Virginia has in effect a religious defense to manslaughter as well because manslaughter in Virginia case law requires that the prosecutor prove a misdemeanor has been committed and the only misdemeanors applicable to medical neglect (above) have religious defenses.