LOUISIANA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child shall not be considered neglected or maltreated solely because their parents provide spiritual treatment in accordance with a recognized method of religious healing. In addition, a parents rights cannot be terminated for this same reason alone.
Louisiana Law Provides:
Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated.
La. Ch.C. Art. 603(18)
“Member of the clergy” is any priest, rabbi, duly ordained clerical deacon or minister, Christian Science practitioner, or other similarly situated functionary of a religious organization, except that he is not required to report a confidential communication, as defined in Code of Evidence Article 511, from a person to a member of the clergy who, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications, and under the discipline or tenets of the church, denomination, or organization has a duty to keep such communications confidential. In that instance, he shall encourage that person to report the allegations to the appropriate authorities in accordance with Article 610.
La. Ch.C. Art. 603(17)(c)
Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or abused. Disagreement by the parent regarding the need for medical care shall not, by itself, be grounds for termination of parental rights.
La. Ch.C. Art. 1003(10) (on termination of parental rights)
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to neglect, cruelty, and manslaughter for parents who solely provide spiritual treatment in accordance with a well-recognized religious method of healing.
Louisiana Law Provides:
LOUISIANA defense to criminal neglect, cruelty to children and manslaughter; also privilege The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be criminally negligent mistreatment or neglect of a child. The provisions of this section shall be an affirmative defense to prosecution for the offense of cruelty to juveniles.
La. R.S. § 14:93(b)
In any proceeding concerning the abuse or neglect or sexual abuse of a child or the cause of such condition, evidence may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or be¬tween a priest, rabbi, duly ordained minister or Christian Science practitioner and his communicant.
La. R.S. § 14:403(b)(5)
Note: The manslaughter statute at La. R.S. § 14:31 requires the prosecutor to prove that the defendant was engaged in perpetration of a separate felony. With the religious defenses to neglect and cruelty appearing to insulate parents from those charges, the prosecutor would not be able to prove manslaughter either.