WASHINGTON MEDICAL NEGLECT STATUTES
CIVIL MEDICAL NEGLECT STATUTE
A child shall not be considered neglected solely because their parents provide spiritual treatment in accordance with a duly accredited Christian Science practitioner.
Washington Civil Statute:
(21) “Practitioner of the healing arts” or “practitioner” means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term “practitioner” includes a duly accredited Christian Science practitioner. A person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.
Revised Code of Washington §26.44.020(21)
[A child who] is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child [may be adjudicated as dependent].
Revised Code of Washington §13.34.030(6)(b) (26.44 RCW contains a religious exemption.)
Nothing in RCW 62.05.010 through 72.05.210 shall be construed as limiting the right of a parent, guardian or person standing in loco parentis in providing any medical or other remedial treatment recognized or permitted under the laws of this state.
Revised Code of Washington §72.05.200 (deals with institutionalized children)
CRIMINAL MEDICAL NEGLECT STATUTE
There is a religious exemption to criminal mistreatment and second-degree murder if the parent, in good faith, provides Christian Science treatment by a duly accredited practitioner.
Washington Law Provides:
WASHINGTON defense to criminal mistreatment and second-degree murder
It is the intent of the legislature that a person who, in good faith, is furnished Christian Science treatment by a duly accredited Christian Science practitioner in lieu of medical care is not considered deprived of medically necessary health care or abandoned.
Revised Code of Washington §9A.42.005
Note: Washington has in effect a religious defense to second-degree murder as well because RCW §9A.32.050(1)(b) requires the prosecutor to prove that another felony has been committed in order to prove second-degree murder and criminal mistreatment is the only felony that could be charged for medical neglect.
Washington Church of the Firstborn parents tried to raise the statute as a defense when they were charged with homicide for withholding medical care from their son. They argued it was unconstitutional for the state to exempt Christian Scientists from criminal liability and to prosecute them for the same behavior as the Christian Scientists.
The court refused to dismiss the charges, ruling that the legislature could have had “a rational basis” for exempting Christian Scientists and members of no other religion from liability in that Christian Science spiritual healers are licensed (untrue) and those healers are required to report child abuse and neglect to state child protection services. The latter is technically true, but it is unlikely the healers report medical neglect since both the civil and criminal codes say that children getting Christian Science spiritual treatment of illnesses in lieu of medical care are not neglected. State v. Swezey, Okanogan County Superior Court Memorandum Order denying Motion to Dismiss case #12-100045-8 (2012)