CIVIL MEDICAL NEGLECT STATUTE

A child shall not be considered abused solely because their parents provided spiritual treatment consistent with sincerely held religious beliefs. However, the county has the authority to closely monitor the child and refer the parents to protective services. This exemption does not apply if the failure of providing medical care results in the child’s death.

Pennsylvania Law Provides:
If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of sincerely held religious beliefs of the child’s parents or relative within the third degree of consanguinity and with whom the child resides, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. In such cases the following shall apply:

(1) The county agency shall closely monitor the child and the child’s family and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health.
(2) All correspondence with a subject of the report and the records of the department and the county agency shall not reference child abuse and shall acknowledge the religious basis for the child’s condition.
(3) The family shall be referred for general protective services, if appropriate.
(4) This subsection shall not apply if the failure to provide needed medical or surgical care causes the death of the child.
(5) This subsection shall not apply to any child-care service as defined in this chapter, excluding an adoptive parent.
Pennsylvania Consolidated Statutes Title 23 §6304(b)

CRIMINAL MEDICAL NEGLECT STATUTE

There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.

Pennsylvania Criminal Statute:
None

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