INDIANA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
There is a civil exemption of child abuse for parents solely providing spiritual treatment in accordance with genuine religious beliefs. However, this does not apply to situations in which the child’s life is in serious danger.
Indiana Civil Statute:
If a parent, guardian, or custodian fails to provide specific medical treatment for a child because of the legitimate and genuine practice of religious beliefs of the parent, guardian, or custodian, a rebuttable presumption arises that the child is not a child in need of services because of the failure. However, this presumption does not . . . apply to situations in which the life or health of a child is in serious danger.
Indiana Code § 31-34-1-14
In addition, nothing in this chapter limits the lawful practice or teaching of religious beliefs.
Indiana Code § 31-34-1-15
CRIMINAL MEDICAL NEGLECT STATUTE
There is a criminal defense to neglect for parents choosing to solely provide their child with spiritual treatment in accordance with a legitimate religious belief. The parents have the burden of proving that the provided prayer treatment is in fact part of a legitimate religion.
Indiana Law Provides:
For criminal neglect and child selling:
(c) It is a defense to a prosecution based on an alleged act under this section that: . .
(2) the accused person, in the legitimate practice of the accused person’s religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the accused person’s dependent.
Indiana Code § 35-46-1-4(c)(2).
For criminal nonsupport of a dependent child:
(c) It is a defense that the accused person, in the legitimate practice of the person’s religious belief, provided treatment by spiritual means through prayer, in lieu of medical care, to the person’s dependent child.
Indiana Code § 35-46-1-5(c).
Note: Several Faith Assembly parents who withheld medical care on religious grounds were charged in Indiana for deaths of children. In Hall v. State, 493 N.E.2d 433 (Ind. 1986), the Indiana Supreme Court upheld Faith Assembly parents’ convictions for reckless homicide and rejected their argument that the defense to neglect insulated them from the charge. The Court ruled that parents had a religious defense to neglect that created “a substantial risk of death” and resulted in “serious bodily injury,” but not to reckless homicide resulting in the actual death of a dependent.
In Bergmann v. State, 486 N.E.2d 653 (Ind. 1985) an Indiana Court of Appeals upheld Faith Assembly parents’ convictions for reckless homicide and neglect. The Court ruled that the parents had the burden of proving to the jury that they provided prayer treatment in the legitimate practice of their religious belief, that the jury was evidently not convinced, and the Court “cannot disturb the jury’s conclusion.” The Court also pointed out that the Bergmanns had not raised objections at trial to the jury instructions or the prosecutor’s characterization of the defense.