January 1992
A STATE CALL TO ACTION: Working to End Child Abuse and Neglect in Massachusetts
MCC home
Introduction
I. Religious exemption laws lead to cruel deaths, mislead parents
II. Cases of child deaths
III. Why repeal does not violate fundamental religious freedoms
IV> Why reporting system and court orders are not sufficient
Why repeal is not an undue infringement on parental rights
VI. History of Massachusetts religious exemption law
VII. Circumstances requiring parents to obtain medical care
VIII. Federal legislation regarding state religious exemptions
IX. Evaluation of Christian Science claims of spiritual healing
Appendix I
Appendix II
Appendix III

Appendix 2
Supporting Statements Were Issued By These Organizations:


American Academy of Pediatrics, Massachusetts Chapter
In a letter addressed to Senator Edward L. Burke, Chairman, Committee on Health Care, from Eileen Ouellette, M.D., Chapter President, expressing support of H3519, "An Act to Ensure the Provision of Medically Necessary Care for Children."
April 8, 1990

National District Attorneys Association
In an Official Policy Position approved by the Board of Directors, that the National District Attorneys Association "shall join with other child advocacy organizations to support legislation to repeal exemptions from prosecution for child abuse and neglect."
July 14, 1991

National Committee for the Prevention of Child Abuse (currently Prevent Child Abuse America)
Position Statement adopted November 1990, that "all child abuse, neglect, and medical neglect statutes should be applied to provide equal protection to all children without potential or actual exemption for the religious belief of their parent or caretaker."

Massachusetts Nurses Association
In a testimony issued to the House of Representatives, urging it to "support H2362 - An Act Relative to Neglected Children, which would strike the portion of Chapter 271, Section 1 that provides an exemption to necessary medical care for children whose parents practice faith healing."
May 1991

Council on Ministries, Iowa Conference, United Methodist Church
In a letter addressed to Massachusetts Committee for Children and Youth, from Karen J. Tisinger, Director of Communications, acknowledged the adoption of its Resolution 8304, which "supports changes in Iowa law to maintain that children are entitled to life-saving medical care along with food, clothing and shelter regardless of their parents' religious beliefs."
December 17, 1991

Newman A. Flanagan, Suffolk County District Attorney
In a letter to the Coalition to Repeal Religious Exemptions to Child Abuse Laws, from Newman A. Flanagan, expressing his "support to the growing list of child advocates who favor passage of House Bill 2362. This bill, entitled 'An Act Relative to the Care and Protection of Neglected Children, ' would help save the lives of neglected children throughout the Commonwealth by deleting the existing statutory language dealing with the 'religious exemption' to medical care for children."
April 25, 1991

American Jewish Congress
In a letter to the legislature, from Sheila Dector, Executive Director, New England Region; and Jonathan Brant, Chairman, Committee on Religion and Medicine, regarding H4728, Medically Necessary Care for Children, that the legislation "concerning the abuse and neglect of children whose parents are believers in spiritual healing.....would amend section one of chapter 273 of the General Laws so that the abuse and neglect statute would apply to such parents when chidlren are in a life-threatening" but that it" does not address the probelm sufficiently." Included is a proposal for legislation with language that "is not intended to prevent adult believers in spiritual healing from practicing their religion. Rather, it protects children who are not old enough to choose a method of treatment themselves."
June 22, 1989

Civil Liberties Union of Massachusetts
In a letter to the legislature from Karen Hudner, Legislative Agent, urging the House to "Please vote YES on H-2362." The letter states "...the Civil Liberties Union supports H-2362 which would repeal the last paragraph of Chapter 272, Section 1." The letter continues "We believe the language of that paragraph, which says that a child is not suffering from abuse or neglect if he is being treated 'in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof,' violates the establishment clause of the First Amendment of the United States Constitution in that it favors certain kinds of religious views over others."
June 19, 1991

Massachusetts District Attorneys Association
In a letter to the legislature from William C. O'Malley, President, states that the Association "has formally resolved to support House Bill 2362 - An Act Relative to Neglected Children - which repeals the portion of Chapter 273, Section, that purports to exempt parents from the requirement that they provide necessary medical care to children."
May 13, 1991

 

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