COLORADO
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
No child receiving spiritual treatment in accordance with a recognized form of religious healing will be considered abused or neglected for that reason alone. However, this exemption does not apply in life-threatening situations and proper medical tests are required to ensure the child’s condition will not result in serious disability.
Colorado Law Provides:
No child who in lieu of medical treatment is under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing shall, for that reason alone, be considered to have been neglected or dependent within the purview of this article. However, the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious handicap or disability. In order to make a determination as to whether the child is in a life-threatening situation or that the child’s condition will result in serious disability, the court may, as provided under section 19-1-104(3), order a medical evaluation of the child. If the court determines, on the basis of any relevant evidence before the court, including the medical evaluation ordered pursuant to this section, that the child is in a life-threatening situation or that the child’s condition will result in serious disability, the court may, as provided under section 19-1-104(3), order that medical treatment be provided for the child. A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to have been neglected or dependent for the purpose of this article and injured or endan¬gered for the purposes of section 18-6-401, C.R.S.
(2) A method of religious healing shall be presumed to be a recognized method of religious healing if:
(a)(I) 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, and
(II) Fees and expenses incurred in connection with such treat¬ment are generally recognized as reimbursable health care expen¬ses under medical policies of insurance issued by insurers licensed by this state; or
(b) Such treatment provides a rate of success in maintaining health and treating disease or injury that is equivalent to that of medical treatment.
Colorado Revised Statutes §19-3-103
CRIMINAL MEDICAL NEGLECT STATUTE
A child cannot not be considered neglected solely for the reason of being provided remedial treatment in accordance with an established religion.
Colorado Criminal Statute:
Colorado defense to nonsupport: No child shall be deemed to lack proper care for the sole reason that he is being provided remedial treatment in accordance with section 19-3-103, CRS.
Colorado Revised Statutes §14-6-101
Note: Sec. 19-3-103 is a civil statute with a religious exemption (see above).