OKLAHOMA MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child shall not be considered neglected or abused solely because their parents provide spiritual treatment in accordance with a recognized church. However, the State has the authority to intervene to protect the child’s health or welfare.
Oklahoma Law Provides:
49. a. “Neglect” means: . . .
Nothing in this paragraph shall be construed to mean a child is abused or neglected for the sole reason the parent, legal guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child, pursuant to the Oklahoma Children’s Code, and ordering whatever action may be necessary, including medical treatment, to protect the child’s health or welfare
Oklahoma Statutes §10A-1-1-105(49)
21. “Deprived child” means a child: . . .
Nothing in the Oklahoma Children’s Code shall be construed to mean a child is deprived for the sole reason the parent, legal guardian, or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
Oklahoma Statutes §10A-1-1-105(21)
4. “Neglect” means:
Nothing in this paragraph shall be construed to mean a child is abused or neglected for the sole reason the parent, legal guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child, pursuant to the Oklahoma Children’s Code, and ordering whatever action may be necessary, including medical treatment, to protect the child’s health or welfare
Oklahoma Statutes §1-6-105(A)(4)
1. “Abuse” means the intentional infliction of physical pain, injury, or mental anguish or the deprivation of food, clothing, shelter or medical care to an incapacitated person, partially incapacitated person, or a minor by a guardian or other person responsible for providing these services; . . .
B. 1. Nothing in this section shall be construed to mean an incapacitated person, a partially incapacitated person or a minor is abused or neglected for the sole reason that a guardian or other person responsible, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of the person or minor in their trust, and, in the case of an adult, in accordance with the practices of or the express consent of the incapacitated or partially incapacitated person.
Oklahoma Statutes §1-111(B)(1)
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to child neglect and endangerment for parents who, in good faith, solely provide spiritual treatment in accordance with a recognized church. The exemption does not extend when laws relating to communicable disease and sanitary matters are violated.
Oklahoma Law Provides:
OKLAHOMA defenses to felony neglect, omission to provide, and child endangerment
As used in this subsection, “child neglect” means the willful or malicious neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.
Oklahoma Statutes title 21 §843.5 (C)
Note: Title 10A §1-1-105 includes a religious exemption.
[The definition of the offense of omission to provide for a child shall not] be construed to mean a child is endangered for the sole reason the parent, guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child, provided that medical care shall be provided where permanent physical damage could result to such child, and that the laws, rules, and regulations relating to communicable disease and sanitary matters are not violated.
Oklahoma Statutes title 21 §852
[A person having custody or control over a child] commits child endangerment when the person knowingly permits physical or sexual abuse or a child or . . . knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured. . . .
The provisions of this section shall not apply to any parent, guardian or other person having custody or control of a child for the sole reason that the parent, guardian or other person in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care for such child. This subsection shall in no way limit or modify the protections afforded said child in Section 852 of this title.
Oklahoma Statutes title 21 §852.1