The First Amendment to the US Constitution prohibits any action by an American government which restricts "the free exercise of religion." Now as far as case law, I believe that if it has to do with minor children, there won't be a lot of information dealing with this subject. I would say most if these local laws potentially violates the first amendment in certain cases.(read NOT ALL) Most EMS providers need to be careful when dealing with parents and their rights and responsibility with their children. Some providers may consider this a form of child abuse and would be reported to respective child protection services.
"Problems sometimes occur in cases involving a minor or other person who is incapable of giving informed consent for their own treatment. Parents and guardians are generally given almost complete freedom in providing or denying health care to their children. But, in the case of life-threatening medical conditions, the courts and Child Protective Services have occasionally intruded, and ordered treatment of a child against the wishes of its parent(s)."
"Religious exemptions in child abuse laws:
In 1974, the U.S. Department of Health, Education and Welfare first required states to have clauses in their child abuse and neglect legislation that permits exemptions from prosecution of parents on religious grounds. If a state refused, they would not receive federal child abuse protection grants.
In 1983, the federal government allowed states to repeal these clauses. However, most state still allow parents to use a religious defense if their child dies because prayer was used instead of medical treatment.
Some recent activity at the state level:
1994 Oregon: Legislature committees heard testimony on two House bills that would require all parents to obtain medical help for their seriously sick or injured children. The bills had strong backing from both major parties, law enforcement, physicians, social workers and child advocates. "...there was limited testimony from Christian Scientists who warned that eliminating the so-called spiritual defense from Oregon's homicide statutes and other areas of the law would unfairly impose upon their religious rights." 4 The House later endorsed a compromise faith healing bill that allows defendants to claim faith healing as a defense.
1994 Minnesota: The state passed a law which requires parents or guardians to alert child protection services if they have withheld medical treatment and that their children were endangered by their decision. Few if any parents or guardians report under this law.
1998 Texas: Critical-care pediatrician Seth Asser said:
"Kids die from accidental deployment of air bags, and you get hearings in Congress. But this goes on, and dozens die and people think there's no problem because the deaths happen one at a time. But the kids who die suffer horribly. This is Jonestown in slow motion."
The American Medical Association, the National District Attorneys Association, the Academy of American Pediatrics and a growing number of local and state legislators agree with him.
2001: The Academy of American Pediatrics went on record in opposition to these exemption laws. 5
Colorado as well as Oregon had experienced an increase in juvenile death rates that paralleled the growth of anti-medical faith groups. 5 Amanda Bates, 13, suffered a horrendous, lingering and painful death from diabetes and gangrene in early 2001. She and her family attended the General Assembly and Church of the First Born. She was the third child to die in that church in three years. This motivated legislators to eliminate an exemption from the child abuse law that had protected parents from abuse charges if they withheld medical attention from children.
2002: 38 states had laws that shield parents from persecution if they reject medical treatment for their children in favor of faith healing. However, most of these state laws specify that if a child's condition is life-threatening, then a physician must be consulted. 6
2009: Rita Swan is the executive director of the Iowa based Children’s Health Care Is a Legal Duty. They advocate charging parents who do not seek medical help when their children need it. She reports that about 300 children have died in the United States during the previous 25 years after medical care was withheld on religious grounds.
Child abuse laws in 30 states still provide some form of protection for practitioners of faith healing in cases of child neglect and other matters. 1
Some state laws exempt parents only if their children are faced with a non-life threatening condition or disease. The Oregon law covering criminally negligent homicide requires that the prosecution prove that the defendant failed to be aware of a substantial and unjustifiable risk that is "a gross deviation" from what a reasonable person would observe in a similar situation. 7 Both are difficult to prove in court. Parents can claim that they did not realize that their child's condition was very serious; they can claim lack of medical knowledge. A British law requires parents to seek medical help for their children, if the child's condition does not improve after 72 hours of non-medical treatment. That type of legislation may be more effective." source:
http://www.religioustolerance.org/medical1.htm
