IDAHO
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child will not be considered abused or neglected solely because their parents provide treatment through prayer alone in accordance with a bona fide religious organization. However, the state does have authorization to require medical treatment in emergency situations.
Idaho Civil Statute:
(31) “Neglected” means a child:
(a) Who is without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them; however, no child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well-being, but this subsection shall not prevent the court from acting pursuant to section 16-1627, Idaho Code
Idaho Code §16-1602(31)(a)
In making its order under subsection (a) of this section, the court shall take into consideration any treatment being given the child by prayer through spiritual means alone, if the child or his parent, guardian or legal custodian are adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical treatment.
Idaho Code §16-1627(3) in Authorization of emergency medical treatment
CRIMINAL MEDICAL NEGLECT STATUTE
A parent cannot be held liable for child abuse or manslaughter solely because they choose to treat their child by spiritual means alone.
Idaho Law Provides:
The practice of a parent or guardian who chooses for his/her child treatment by prayer or spiritual means alone shall not for that reason alone be construed to have violated the duty of care to such child.
Idaho Code §18-1501(4)
(Regarding desertion) Every person who: . . .
(2) Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child.
Idaho Code §18-401(2)