A parent refusing medical treatment for a child is defined as neglect.
Child Neglect
Medical neglect
Medical neglect is the failure to provide appropriate health care for a child (although financially able to do so), thus placing the child at risk of being seriously disabled or disfigured or dying. According to NCANDS, in 2005, 2 percent of children (17,637 children) in the United States were victims of medical neglect (USDHHS, 2007). Concern is warranted not only when a parent refuses medical care for a child in an emergency or for an acute illness, but also when a parent ignores medical recommendations for a child with a treatable chronic disease or disability, resulting in frequent hospitalizations or significant deterioration.
Even in non-emergency situations, medical neglect can result in poor overall health and compounded medical problems.
Parents may refuse medical care for their children for different reasons religious beliefs, fear or anxiety about a medical condition or treatment, or financial issues. Child protective services agencies generally will intervene when:
* Medical treatment is needed in an acute emergency (e.g., a child needs a blood transfusion to treat shock);
* A child with a life-threatening chronic disease is not receiving needed medical treatment (e.g., a child with diabetes is not receiving medication); or
* A child has a chronic disease that can cause disability or disfigurement if left untreated (e.g., a child with congenital cataracts needs surgery to prevent blindness).
In these cases, child protection services agencies may seek a court order for medical treatment to save the child’s life or prevent life-threatening injury, disability or disfigurement.
Although medical neglect is highly correlated with poverty, there is a distinction between a caregiver’s inability to provide the needed care based on cultural norms or the lack of financial resources and a caregiver’s knowing reluctance or refusal to provide care. Children and their families may be in need of services even though the parent may not be intentionally neglectful. When poverty limits a parent’s resources to adequately provide necessities for the child, services may be offered to help families provide for their children.
Religion and the Refusal of Medical Treatment: Rights and Responsibilities - Associated Content
Adults Can Say No for Themselves but Not for Children
There are certain religious groups that don't believe in traditional medicine and instead turn to prayer and other means to heal themselves. Some of these people refuse medical treatment for their children, and some of these children die as a consequence. Given these issues, it is
important to explore what a person can or cannot do to avoid having trouble with the law and what some of consequences might be for someone refusing to give medical care to a child.
The law upholds an adult's right to refuse medical care. That's because of the freedom of religion clause in the Constitution. On the other hand, that person must be adjudged mentally competent to be able to make a reasonable decision. So people who are members of Christian Science or Jehovah's Witnesses, or fundamental Christians may refuse medical treatment so long as they are capable of making a rational decision about it.
The same does not hold true in the case of children. Children are vulnerable, and the law supports the view that the child, when it comes to health, is part of an overall concern that the state has for the protection and welfare of those who are unable to protect or defend themselves. Therefore, if a parent refuses medical care and the child dies, the parent may face legal consequences as a result.
