FLORIDA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A parent cannot be found guilty of child neglect or abuse solely for providing faith based treatment in accordance with a recognized religion and duly accredited practitioner. However, reporting is still required and the department may investigate such a case with the right to order medical services by a physician if the child’s health demands.
Florida Law Provides:
A parent or legal custodian who, by reason of the legitimate practice of religious beliefs, does not provide specified medical treatment for a child, may not be considered abusive or neglectful for that reason alone, but such an exception does not:Eliminate the requirement that such a case be reported to the department;
Prevent the department from investigating such a case; or
Preclude a court from ordering, when the health of the child requires it, the provision of medical services by a physician, as defined in this section, or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious denomination.
Florida Statutes §39.01(34)(f)
A parent or guardian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child shall not, for that reason alone, be considered a negligent parent or guardian; however such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:
(a) Medical services from a licensed physician, dentist, optometrist, podiatric physician, or other qualified health care provider; or
(b) Treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious denomination.
Florida Statutes §984.03(37)
A court shall not be precluded from ordering services or treatment to be provided to the child by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a church or religious organization, when required by the child’s health and when requested by the child.
Florida Statutes §984.19(8) on shelter care and §39.407(9) on out-of-home placement
Except as provided in this section, nothing in this section shall be deemed to preclude a court from ordering services or treatment to be provided to a child by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a church or religious organization, when requested by the child.
Florida Statutes §985.224(8) on delinquent children
CRIMINAL MEDICAL NEGLECT STATUTE
Due to confusing language in the civil code exemption, Florida courts recognize a religious exemption for criminal liability.
Florida Law Provides:
The Florida Supreme Court overturned a conviction of Christian Scientists for felony child abuse and third-degree murder, ruling that the civil code exemptions in Florida Statutes 984.03(37) and 39.01(30)(f) caused confusion in violation of the fair notice rights of parents. The Court ruled, “The statutes have created a trap that the legislature should address.” Hermanson v. State, 604 So.2d 775, 776 (Fla. 1992). The legislature, however, has never done so.