CIVIL MEDICAL NEGLECT STATUTE

A parent shall not be considered negligent solely for providing religious treatment to their child that differs from community standards. However, this does not apply if the child is harmed or threatened with harm. The court also has the authority to order medical or nonmedical services if the child requires it.

Rhode Island Civil Statute:
A parent or guardian practicing his reli­gious beliefs which differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered a negligent parent or guardian. However, nothing in this section shall:
(1) prevent the child from being considered abused or neglected if the child is harmed or threatened with harm as described in section 40-11-2; or
(2) preclude the court from ordering medical services or nonmedical services recognized by the laws of this state to be provided to the child where his or her health requires it.
Rhode Island General Laws §40-11-15

CRIMINAL MEDICAL NEGLECT STATUTE

A parent shall not be considered abusive or negligent solely for providing their child with religious treatment. However, this exemption does not extend if the parent has committed cruelty, neglect, or the child is harmed. The department has the authority to file a petition for medical services when the child’s health requires it.

Rhode Island Law Provides:
RHODE ISLAND defense to cruelty to or neglect of child
For purposes of this section, and in accordance with § 40-11-15, a parent or guar­dian practicing his or her religious beliefs which differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered an abusive or negligent parent or guardian; provi­ded the provi­sions of this section shall not
(1) exempt a parent or guardian from having committed the offense of cruelty or neglect if the child is harmed under the provisions of (a) above;
(2) exempt the department from the provisions of section 40-11-5; or
(3) prohibit the department from filing a petition, pursuant to the provi­sions of section 40-11-15 for medical services for a child, where his or her health requires it.
Rhode Island General Laws §11-9-5(b)

Note: Rhode Island’s law actually holds the religious objectors to the same stan­dard as other parents. All Rhode Island parents have the same duty to provide medical treatment when the child is at risk of substantial harm. CHILD’s exemption map, therefore, shows Rhode Island as having a religious exemption only in the civil code.

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