KENTUCKY MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A parent shall not be considered negligent for solely providing spiritual treatment in accordance with the practices of a recognized religious denomination. However, the court has authorization to order medical treatment if deemed necessary.
Kentucky law provides:
(1) “Abused or neglected child” means a child whose health or welfare is harmed or threatened with harm when: . . .
8. Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child’s well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person’s religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child;
Ky. Rev. Stat. § 600.020(1)(a)(8)
The court may order or consent to necessary medical treatment . . . after a hearing conducted to determine the necessity of such treatment or procedure. In making the order, the court may take into consideration the religious beliefs and practices of the child and his parents or guardian.
Ky. Rev. Stat. § 610.310(2)
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to criminal liability for parents failing to provide medical care based on faith because Kentucky’s criminal statute uses the same definition as civil. (see above)
Kentucky Law Provides:
Endangering welfare of minor.
(1) A parent, guardian or other person legally charged with the care or custody of a minor is guilty of endangering the welfare of a minor when he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming a neglected, dependent or delinquent child.
(2) Endangering the welfare of a minor is a Class A misdemeanor.
Ky. Rev. Stat. § 530.060