ARKANSAS
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child cannot be considered neglected or abused solely because he or she is being provided spiritual treatment in accordance with the practices of a recognized church by an accredited practitioner.
Arkansas Civil Statute:
Nothing in this chapter shall be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment. . . .
Arkansas Code §9-30-103(4)B
Religious bias prohibited The Department of Human Services and the Department of Arkansas State Police shall investigate all allegations of child maltreatment without regard to the parent’s practice of his or her religious beliefs and shall only consider whether the acts or omissions of the parent constitute child maltreatment under this chapter.
Arkansas Code §12-18-618
Investigative determination
Upon completion of an investigation under this chapter, the Department of Human Services and the Department of Arkansas State Police shall determine whether the allegations of child maltreatment are [unsubstantiated, true, or inactive]:
2(C) A determination of true but exempted, which means that the offender’s name shall not be placed in the Child Maltreatment Central Registry, shall be entered if:
(i) A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner
Arkansas Code §12-18-702(a)(3)(B)(i)
CRIMINAL MEDICAL NEGLECT STATUTE
Parents cannot be held liable for capital murder of their child if they provided spiritual treatment in accordance with the practices of an established church to which they are members.
Arkansas Criminal Statute:
ARKANSAS defense to capital murder
It shall be an affirmative defense to any prosecution for capital murder arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he is a member.
Arkansas Code §5-10-101(a)(9)(B)