No child receiving spiritual treatment in accordance with a recognized form of religious healing will be considered abused or neglected for that reason alone. A parent’s rights also cannot be terminated for their decision to use faith based treatment alone.

Delaware Civil Statute:
No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for purposes of this chapter.

Delaware Code §16-913 (on reporting obligations)

Nothing in this chapter shall be construed to authorize any court to terminate the rights of a parent to a child, solely because the parent, in good faith, provides for his or her child, in lieu of medical treatment, treatment by spiritual means alone through prayer in accordance with the tenets and practice of a recognized church or religious denomination.

Delaware Code §13-1103(c)

Parents cannot be found guilty of child abuse or endangerment solely for prescribing prayer treatment in accordance with the beliefs of a recognized church. However, this exemption does not apply when laws are violated relating to communicable diseases, sanitary matters, or in the case of serious physical injury.

Delaware Law Provides:
Defense to child endangerment

In any prosecution for endangering the welfare of a child, except where it is alleged to be punishable under § 1102(b)(1) or (b)(2) of this title, which is based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the accused is a member or adherent of an organized church or religious group, the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused the ill child to be treated in accordance with those tenets; provided the accused may not assert this defense when the person has violated any laws relating to communicable or reportable diseases and to sanitary matters.

Delaware Code title 11 §1104

Note: §1102(b)(1) deals with child endangerment resulting in death; (b)(2) deals with child endangerment resulting in serious physical injury; the religious defense applies only to misdemeanors that do not cause serious physical injury

The information provided is solely for informational purposes and is not legal advice. To determine the Delaware SOL in a particular case, contact a lawyer in the state.