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Law & Morality 3600:327: Group 1

Group 1 Bibliography

Should There Be Religious Exemptions For Child Abuse Laws?

"AAP Policy on Religious Objections to Medical Care." American Family Physician 55.5 (1997): 1992.
Presents information about the policy statement from the American Academy of Pediatrics (AAP) which states that no child should be denied access to medical care based on patient's religious beliefs. The right of the children to appropriate medical care; How the policy reaffirms the AAP stance calling for the repeal of religious exemption statutes within state child abuse laws; Included recommendations in the policy statement.

"AAP Urges Removing Religious Exemption Clauses in Child Abuse Statutes." American Journal of Public Health 78 (1988): 303-.

American Prosecutors, Research Institute. "Legislation Providing a Religious Exemption to Criminal Child Abuse & Neglect." Legislation Providing a Religious Exemption to Criminal Child Abuse & Neglect (1994).
Twenty-three States have enacted such laws. The laws specify the age of the child involved, the criteria for spiritual practices to be considered part of an established church or religious denomination, and the relationship between the adult and the child. A separate section explains the function of the National Center for Prosecution of Child Abuse, which was founded by the American Prosecutors Research Institute in 1985.

Asser, Seth M. D. "Religious Issues [from Child Abuse and Neglect: Guidelines for Identification, Assessment, and Case Management, P 181-184, 2003, Marilyn Strachan Peterson and Michael Durfee, Eds. -- See NCJ-200932]." Religious Issues From Child Abuse and Neglect: Guidelines for Identification, Assessment, and Case Management, P 181-184, 2003, Marilyn Strachan Peterson and Michael Durfee, eds.-- See NCJ-200932] (2003).
There are two types of religious organizations that refuse medical care based upon their beliefs. Jehovah's Witnesses do not have a prohibition against medical treatment but oppose blood transfusion. Christian Scientists and some Pentecostal fundamentalist sects rely exclusively on faith healing while avoiding medical treatment for themselves and their children. In virtually all cases involving Jehovah's Witnesses in which blood transfusion or component therapy is necessary to prevent disability or to save the life of a child, courts will order the necessary medical care. The need to avoid all but the most essential transfusions has become generally accepted in the medical community, and research is being pursued to develop blood substitutes and other alternative therapies. Children from families that practice an exclusive reliance on faith healing present a special problem because they rarely come into contact with the medical-care system, and then usually only after death. It is imperative that community leaders who have focused on child abuse and neglect take a firm stand against religious-exemption laws at the State and Federal level, such that there can be no legal entanglements that might delay or prevent children from receiving medical help because of their parents' exclusive reliance on faith healing. When faced with cases of parental religious refusal of medical treatment for a child, medical personnel should be gently persistent. Should this not be sufficient to cause the parents to change their position, then legal intervention on behalf of the child should be pursued. A case study with accompanying questions is provided. 6 suggested readings.

"Conflicts between Religious Or Spiritual Beliefs and Pédiatrie Care: Informed Refusal, Exemptions, and Public Funding." Pediatrics 132.5 (2013): 962-5.
Although respect for parents' decision-making authority is an important principle, pediatricians should report suspected cases of medical neglect, and the state should, at times, intervene to require medical treatment of children. Some parents' reasons for refusing medical treatment are based on their religious or spiritual beliefs. In cases in which treatment is likely to prevent death or serious disability or relieve severe pain, children's health and future autonomy should be protected. Because religious exemptions to child abuse and neglect laws do not equally protect all children and may harm some children by causing confusion about the duty to provide medical treatment, these exemptions should be repealed. Furthermore, public health care funds should not cover alternative unproven religious or spiritual healing practices. Such payments may inappropriately legitimize these practices as appropriate medical treatment. ABSTRACT FROM AUTHOR]; Copyright of Pediatrics is the property of American Academy of Pediatrics and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Cooper, Chase. "Confronting Religiously Motivated Psychological Maltreatment of Children: A Framework for Policy Reform." Virginia Journal of Social Policy & the Law 20.1 (2012): 1-42.
Although religion is generally thought of as a uniformly positive and benign influence on children, the reality is that children often suffer greatly from acts that would be considered abusive if performed in a non-religious context. This Note first considers child psychological maltreatment generally, arguing that the law has been slow to recognize and adequately protect children from psychological harms. This is in part because statutes--when they explicitly address psychological abuse at all--tend to focus on the demonstrable harm to the child, which is often difficult to detect with legal precision. Policymakers should instead follow the lead of child welfare and psychology experts, who define maltreatment based on the abusive or negligent acts or omissions of other people in relation to the child. The Note then argues that because the protections accorded religious and family-autonomy rights have historically far outweighed children's rights, children who suffer under religiously motivated maltreatment are especially at risk. This Note advocates the nationwide adoption of a precise legal definition of child psychological maltreatment based on the best understandings of the psychological community. Once such a standard is in place, it should not be made impotent to protect children from religiously motivated harms by the recognition of judicial or legislative religious exemptions. ABSTRACT FROM AUTHOR]; Copyright of Virginia Journal of Social Policy & the Law is the property of Virginia Journal of Social Policy & the Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Flynn, Tom. "Try, Try again." Free Inquiry 21.3 (2001): 53.
Presents an update on the developments in important federal, state and church-state issues in the United States (U.S.) as of June 2001. Significance of the restoration of evolution as core idea in California's science curriculum; Decision of the U.S. Supreme Court on an appeal regarding the ruling that upheld California high school graduation prayers; Plan of Colorado to end religious exemption for child abuse.

FOST, N. C. (., et al. "Religious Exemptions from Child Abuse Statutes (English)." Pediatrics (Evanston) 81.1 (1988): 169-71.

Goldenberg, Rachel. "Unholy Clergy: Amending State Child Abuse Reporting Statutes to Include Clergy Members as Mandatory Reporters in Child Sexual Abuse Cases." Family Court Review 51.2 (2013): 298-315.
Mandatory Child Abuse Reporting Statutes date back as early as the 1960s. These statutes require certain individuals to report any instance of suspected child abuse that is made known to them. Individuals who are mandated reporters include, but are not limited to, physicians, therapists, and schoolteachers. Over the past decade, with the eruption of sexual abuse in the Catholic, Jewish, and Mormon communities, special attention has been given to reporting statutes in determining who qualifies as mandated reporters. The clergy-penitent privilege, which exempts clergy members from having to report instances of abuse made known to them in their religious or otherwise professional capacity, remains one of the last reporting statutory exemptions today. This Note advocates for the abrogation of the clergy-penitent privilege in cases of child sexual abuse. In religious communities, where religious personnel are often the first to be made aware of child abuse, clergy members should be required to report instances of child sexual abuse in an effort to better protect children. Keypoints for the Family Court Community Currently every state in the United States has enacted some form of child abuse reporting statutes., There is a lack of uniformity among state reporting statutes over who is required to be a mandated reporter of abuse. Nearly half of the states in the U.S. carve out a religious exemption for clergy-members from having to report instances of child abuse., This exemption creates a discrepancy between religious personnel and other individuals who are mandated reporters. ABSTRACT FROM AUTHOR]; Copyright of Family Court Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Hartog, M. A., et al. "Pediatricians' and Social Workers' Knowledge and Opinions of Florida's Religious Immunity Laws." Southern medical journal 92.4 (1999): 362-8.
Background: Florida laws grant exemption from prosecution to parents who choose spiritual healing rather than conventional medical therapy for their children. Despite the American Academy of Pediatrics' policy statement supporting repeal of such laws, we believe pediatricians are not aware of existing statutes.; Methods: A survey to assess understanding of Florida's religious exemption laws was distributed to pediatric house staff, faculty, and clinical social workers at a large teaching hospital and to community pediatricians in private practice.; Results: Eighty-four percent of respondents were unaware of Florida statutes, and physicians were significantly less knowledgeable than social workers. Of those who understood the statutes, 92% believed physicians should overrule parents' decisions. Significantly more social workers than physicians believed that parents should be prosecuted for child abuse or neglect when medical treatment is withheld for religious reasons.; Conclusions: Further education of pediatric health care workers is required before repeal of these laws will become a priority for legislators.;.

Loue, Sana. "Legal and Epidemiological Aspects of Child Maltreatment." Journal of Legal Medicine 19.4 (1998): 471-502.
Discusses conceptual definitions of child maltreatment, with an emphasis on those developed for use in a cross-cultural context. It is asserted that reliance on a cross-cultural framework is critical due to the diversity of the population in the US and the consequent need for an approach that establishes a continuum of acceptable behavior sufficiently broad to encompass cultural differences in child-rearing practices and beliefs, and sufficiently narrow to protect children from harm. Current medical-legal issues that are common to both the civil and criminal contexts are examined against the backdrop of states' various approaches to maternal ingestions of illicit substances during pregnancy, varying standards for the mandatory reporting of child maltreatment, and religious exceptions or exemptions relating to the reporting or prosecution of child maltreatment. The article concludes with recommendations for systemic reform. (PsycINFO Database Record (c) 2012 APA, all rights reserved).

Merino, Noël. Parenting / Noël Merino, Book Editor. Farmington Hills, MI : Greenhaven Press, c2010, 2010.
Majority opinion : sincere religious beliefs can justify vocational education by parents as an alternative to public school / Warren E. Burger -- Dissenting opinion : children's as well as parents' rights must be considered / William O. Douglas -- Yoder and like cases allow parents to make some decisions about public school curricula / Elliott M. Davis -- Yoder and like cases do not allow parents to determine public school curricula / Chai Feldblum -- Yoder leads to different interpretations in the context of divorcing parents / Andrew Schepard -- Court's opinion : a statute providing religious freedom in medical decisions frees parents from the charge of murder / Ben F. Overton -- No religious exemption justifies refusal of lifesaving medical treatment / Robert A. Butterworth, Peggy A. Quince, and Carol M. Dittmar -- Prosecuting parents for failing to seek medical treatment of children violates freedom of religion / William G. Christopher -- Religious rights of parents do not allow homicide of children / Robert Weitzel -- Parental religious rights raise challenging legal issues / Sherry F. Colb -- Plurality opinion : parents have the right to determine appropriate visitation for their children / Sandra Day O'Connor -- Dissenting opinion : allowing parents total liberty regarding visitation is not always in the best interests of the child / Anthony Kennedy -- Troxel created the need for states to define parental unfitness / Daniel R. Victor and Keri L. Middleditch -- Parental rights since Troxel are in jeopardy / -- Troxel and other court rulings lack sufficient consideration of children's interests / Tracy Leigh Dodds -- Court's opinion : lesbians who donate eggs to their partners have parental rights and responsibilities / Carlos R. Moreno -- Dissenting opinion : egg donors do not have parental rights and responsibilities / Joyce L. Kennard -- Children have a right to continue parental relationships / Debra Back Marley and Robert C. Fellmeth -- Court's reasoning in K. M. and other cases dealing with same-sex partners is sensible / Joanna Grossman -- New reproductive technologies raise questions about legal parenthood / Gail Javitt.

OPPENHEIMER, MARK. "No Religious Exemption when it Comes to Abuse." New York Times 162.56007 (2013): A12-.
The article presents the author's insights on the conviction of a male member of the Satmar Hasidic community of sexually abusing a young girl sent to him for help and the accusation to the Modern Orthodox high school of the Yeshiva University for sexually perverting the students.

"Religious Exemptions from Child Abuse Statutes." Pediatrics 81.1 (1988): 169.
Focuses on how the American Academy of Pediatrics viewed the role of religious exemptions in the implementation of child abuse statutes for medical care in the United States. Ethical and legal issues associated with the role of religion in medical practice; How the recognition of the prevalence of child abuses and its neglect has led to the development of federal rules; Recommendation on pediatric care administration in the country.

"Religious Objections to Medical Care. American Academy of Pediatrics Committee on Bioethics." Pediatrics 99.2 (1997): 279-81.
Parents sometimes deny their children the benefits of medical care because of religious beliefs. In some jurisdictions, exemptions to child abuse and neglect laws restrict government action to protect children or seek legal redress when the alleged abuse or neglect has occurred in the name of religion. The American Academy of Pediatrics (AAP) believes that all children deserve effective medical treatment that is likely to prevent substantial harm or suffering or death. In addition, the AAP advocates that all legal interventions apply equally whenever children are endangered or harmed, without exemptions based on parental religious beliefs. To these ends, the AAP calls for the repeal of religious exemption laws and supports additional efforts to educate the public about the medical needs of children.;.

Rogers, Alan. The Child Cases : How America's Religious Exemption Laws Harm Children / Alan Rogers. Amherst ; Boston : University of Massachusetts Press, 2014], 2014.
Introduction -- Amy Hermanson -- Shauntay Walker, Seth Glaser, and Natalie Rippberger -- Ian Lundman -- Ashley King -- Robyn Twitchell -- Repeal of religious exemptions -- Conclusion: Religious freedom and the public good.

Sinal, Sara H., Elaine Cabinum-Foeller, and Rebecca Socolar. "Religion and Medical Neglect." Southern medical journal 101.7 (2008): 703-6.
This is a literature review of religion-associated medical neglect of children. It attempts to document the most common denominations involved in religion-associated medical neglect. There is a discussion of the history of religious exemptions to medical care and health risks to children as a result of religious exemption. Suggestions are made for the clinician regarding recognition and management of religion-associated medical neglect in children.;.

Skolnick, A. A. "Massachusetts' New Child Abuse and Neglect Felony Law Repeals Religious Exemption." JAMA 271.7 (1994): 489.

Skolnick, Andrew, N. S. JECKER, and W. B. WEIL. Religious Exemptions to Child Neglect Laws Still being Passed Despite Convictions of Parents. 264; 83; 83 Vol. , 1989.;;
Reports that state legislatures have continued passing religious exemptions to child protection statutes, despite a series of convictions of parents who withheld medical care from children for religious reasons as of September 12, 1990. Accounts of several cases child neglect in the U.S.; Claims made by the Christian Science Church to address several cases of child neglect in the U.S.; Issues associated with the conviction of several parents who were found guilty of child neglect due to religious reasons; Arguments presented by several opponents of the religious exemption statutes in several U.S. states; Provisions of the religious exemption statutes.