MISSISSIPPI

MEDICAL NEGLECT STATUTES

CIVIL MEDICAL NEGLECT STATUTE

A parent shall not be considered negligent solely for providing their child with spiritual treatment in accordance with the practices of a recognized religion.

Mississippi Civil Statute:
A parent who withholds medical treatment from any child who is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter. . . .
Missisippi Code § 43-21-105(l)(i)

CRIMINAL MEDICAL NEGLECT STATUTE

There is a religious exemption to child neglect or manslaughter. If a parent deprives their child of lifesaving medical care, the prosecutor would have to charge neglect to prove manslaughter.

Mississippi Law Provides:
MISSISSIPPI defense to contributing to the neglect or delinquency of a child and manslaughter Mississippi’s definition of contributing to the neglect or delinquency of a child at Miss. Code § 97-5-39 uses the civil definition of neglect at § 43-21-105(l)(i), which includes a religious exemption.
Mississippi Code § 97-5-39

Mississippi’s definition of manslaughter at Miss. Code § 97-3-29 requires the prose-cutor to prove the defendant was engaged in the perpetration of a misdemeanor. When parents deprive a child of lifesaving medical care, the prosecutor would have to charge neglect to prove manslaughter.

 

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