MISSOURI
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child shall not be considered abused or neglected solely because their parents provide them spiritual treatment in accordance with a legitimate religious practice alone. However, the state is authorized to investigate the family and ensure medical services are provided when the child’s health requires it.
Missouri Civil Statute:
Notwithstanding any other provision of sections 210.109 to 210.183 [which define medical neglect], any child who does not receive specified medical treatment by reason of the legitimate practice of the religious belief of the child’s parents, guardian, or others legally responsible for the child, for that reason alone, shall not be found to be an abused or neglected child, and said parents, guardian or other persons legally responsible for the child shall not be entered into the central registry. However, the division may accept reports concerning such a child and may subsequently investigate or conduct a family assessment as a result of that report. Such an exception shall not limit the administrative or judicial authority of the state to ensure that medical services are provided to the child when the child’s health requires it.
Mo. Rev. Stat. § 210.115(4)
Except as otherwise provided herein, the juvenile court shall have exclusive original jurisdiction in proceedings: (1) Invol¬ving any child who may be a resident of or found within the county and who is alleged to be in need of care and treatment because: (a) The parents or other persons legally responsible for the care and support of the child neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his well-being; except that reliance by a parent, guardian or custodian upon remedial treat¬ment other than medical or surgical treatment for a child shall not be construed as neglect when the treatment is recognized or permitted under the laws of this state. . . .
Mo. Rev. Stat. § 211.031
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to child endangerment and abuse for parents solely providing spiritual, nonmedical treatment that are recognized by the state. In this statute and through interpretation, it is concluded that Christian Science treatment qualifies as state recognized, nonmedical, remedial treatment.
Missouri Law Provides:Missouri defenses to child endangerment and nonsupport. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.
Mo. Rev. Stat. § 568.050(4)(2)
It shall not constitute a failure to provide medical and surgical attention, if non-medical remedial treatment recognized and permitted under the laws of this state is provided.
Mo. Rev. Stat. § 568.040(2)(4)
Note: These laws raise a question of what constitutes state recognition. Many would say licensure. They raise a further question of whether the state recognizes or permits such treatment for the specific illness of a child. Missouri prosecutors, however, have cited these laws as a bar to prosecution of Christian Science parents who withhold lifesaving medical care from children, apparently concluding that Christian Science spiritual “treatment” qualifies as state-recognized non-medical remedial treatment.