NEVADA
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A parent shall not be considered negligent solely for providing spiritual treatment by a legitimate religion. There are also exemptions for recognized “nonmedical remedial treatment”, however it is difficult to classify Christian Science treatment as recognized under Nevada law.
Nevada Law Provides:
1. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent: . . .
(e) A person who, legitimately practicing his or her religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
Nevada Revised Statutes §128.106(1)(e) (on termination of parental rights)
Note: Nevada also has exceptions for “nonmedical remedial treatment” that is “recognized and permitted” by Nevada law “in lieu of medical treatment.” See Nevada Revised Statutes §432B.020(2), §128.013(2), and §200.5085. Although the Christian Science church claims that their prayers are nonmedical remedial treatment, we do not see how they could qualify as such under Nevada law. There is no Nevada law recognizing prayer or ritual as a substitute for necessary medical treatment of a sick child.
CRIMINAL MEDICAL NEGLECT STATUTE
There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.
Nevada Criminal Statute:
None