OHIO
MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.
Ohio Civil Statute:
None
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to child endangerment and manslaughter for parents who treat their children using spiritual means in accordance with a recognized religious body.
Ohio Law Provides:
OHIO defense to felony child endangerment and manslaughter
It is not a violation of a duty of care, protection or support of a child under 18 years of age or a mentally or physically handicapped child under 21 years of age when the parent, guardian, custodian, person having custody or control or person in loco parentis treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
Ohio Revised Code §2919.22a
Note: The above becomes a defense to manslaughter as well because manslaughter requires proof that a separate felony has been committed.
See Ohio Rev. Code §2903.04.
Two county courts have ruled the religious defense prospectively unconstitutional on the grounds that it violates the Establishment Clause and the Fourteenth Amendment’s guarantee of equal protection under the laws. State v. Miskimens, 490 N.E.2d 931 (Ohio Ct. Com. Pl. 1984) and State v. Miller, Mercer Cty. Common Pleas Ct., Ohio #86-CRM30 and 31 (1987). In Miller, the judge wrote, “It is the hope of this Court that these types of cases will not have to be pursued by the prosecution in the remaining eighty-six counties.”
The information provided is solely for informational purposes and is not legal advice. To determine the Ohio SOL in a particular case, contact a lawyer in the state.
MIKE RINDER
Mike Rinder was born and raised in Australia by scientologist parents. He joined scientology’s elite corps, the Sea Org at 18, and rose to sit on the board of the Church of Scientology International and become scientology’s international spokesperson for more than 20 years as well as heading its Office of Special Affairs.
In 2007 he escaped scientology. His entire family disconnected from him. He became a whistleblower against scientology abuses which has culminated in three seasons of the Emmy award winning Leah Remini: Scientology and The Aftermath. That show has changed public perception of scientology and given a voice to many of its victims.