WEST VIRGINIA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.
West Virginia Civil Statute:
None
CRIMINAL MEDICAL NEGLECT STATUTE
A parent shall not be held liable for murder, child neglect, or child neglect resulting in death solely for providing spiritual treatment in accordance with a recognized religious denomination to which the parent is a member.
West Virginia Criminal Statute:
WEST VIRGINIA defenses to murder, criminal child neglect, and child neglect resulting in death
The provisions of this statute [which define the offense of murder of a child by refusal or failure to supply necessities] shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
West Virginia Code §61-8D-2(d)
This section [on criminal child neglect] shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
West Virginia Code §61-8D-4(d)
No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reasonable proven record of success shall, for that reason alone, be considered to have been neglected within the provisions of this section [on child abuse resulting in death]. A method of religious healing shall be presumed to be a recognized method of religious healing if fees and expenses incurred in connection with such treatment are permitted to be deducted from taxable income as “medical expenses” pursuant to regulations or rules promulgated by the United States Internal Revenue Service.