IOWA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A parent shall not be held liable for child abuse solely for providing legitimate religious treatment. This statute extends to handicapped children in schools.
Iowa Law Provides:
[A] parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child. . . .
Iowa Code § 232.68(2.)(a.)(4)(c)
On handicapped children in the schools. No provision of this chapter shall be construed to require or compel any person who is a member of a well-recognized church or religious denomination and whose religious convictions, in accordance with the tenets or principles of the person’s church or religious denomination, are opposed to medical or surgical treatment for disease to take or follow a course of physical therapy, or submit to medical treatment, nor shall any parent or guardian who is a member of such church or religious denomination and who has such religious convictions be required to enroll a child in any course or instruction which utilizes medical or surgical treatment for disease.
Iowa Code § 256B.8 third unnumbered paragraph (The term “person” includes children of any age enrolled in the school system.)
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to child endangerment and first-degree manslaughter for parents who solely provide spiritual treatment in accordance with the practices of a recognized religious denomination.
Iowa Law Provides:
[Someone] commits child endangerment when the person does any of the following: . . .
d. Willfully deprives a child or minor of necessary food, clothing, shelter, health care or supervision appropriate to the child or minor’s age, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child or minor’s physical, mental or emotional health. For purposes of this paragraph, the failure to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child or minor.
Iowa Code § 726.6(1)(d).
Note: The above becomes a defense to first-degree manslaughter as well because the latter at Iowa Code § 707.5 requires the prosecutor to prove that “a public offense” has been committed and endangerment is the only crime relevant to medical neglect.