Chapter 270

2004 -- H 7585 SUBSTITUTE A AS AMENDED

Enacted 07/02/04

A N A C T

RELATING TO HUMAN SERVICES - ABUSED AND NEGLECTED CHILDREN

Introduced By: Representatives Giannini, Dennigan, Petrarca, Wasylyk, and Voccola

Date Introduced: February 05, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-11-15 of the General Laws in Chapter 40-11 entitled "Abused

and Neglected Children" is hereby amended to read as follows:

40-11-15. Religious exemption. – Religious practices. -- A parent or guardian

legitimately practicing his or her religious beliefs which differ from general community standards

who does not provide specified medical treatment for a child shall not, for that reason alone, be

considered a negligent parent or guardian. However, nothing in this section shall: (1) prevent the

child from being considered abused or neglected if the child is harmed or threatened with harm as

described in section 40-11-2; or (2) such an exception shall not preclude the court from ordering

medical services or nonmedical services recognized by the laws of this state to be provided to the

child where his or her health requires it.

     SECTION 2. Section 11-9-5 of the General Laws in Chapter 11-9 entitled "Children" is

hereby amended to read as follows:

11-9-5. Cruelty to or neglect of child. -- (a) Every person having the custody or control

of any child under the age of eighteen (18) years who shall abandon that child, or who shall treat

the child with gross or habitual cruelty, or who shall wrongfully cause or permit that child to be

an habitual sufferer for want of food, clothing, proper care, or oversight, or who shall use or

permit the use of that child for any wanton, cruel, or improper purpose, or who shall compel,

cause, or permit that child to do any wanton or wrongful act, or who shall cause or permit the

home of that child to be the resort of lewd, drunken, wanton, or dissolute persons, or who by

reason of neglect, cruelty, drunkenness, or depravity, shall render the home of that child a place in

which it is unfit for that child to live, or who shall neglect or refuse to pay the reasonable charges

for the support of that child, whenever the child shall be placed by him or her in the custody of, or

be assigned by any court to, any individual, association, or corporation, shall be guilty of a felony

and shall for every such offense be imprisoned for not less than one year nor more than three (3)

years, or be fined not exceeding one thousand dollars ($1,000), or both, and the child may be

proceeded against as a neglected child under the provisions of chapter 1 of title 14.

      (b) In addition to any penalty provided in this section, any person convicted or placed on

probation for this offense may be required to receive psychosociological counseling in child

growth, care and development as a part of that sentence or probation. For purposes of this section,

and in accordance with section 40-11-15, a parent or guardian legitimately practicing his or her

religious beliefs which differ from general community standards who does not provide specified

medical treatment for a child shall not, for that reason alone, be considered an abusive or

negligent parent or guardian; provided, the provisions of this section shall not:(1) exempt a parent

or guardian from having committed the offense of cruelty or neglect if the child is harmed under

the provisions of (a) above; (2) exempt the department from the provisions of section 40-11-5,

and shall not ; or (3) prohibit the department from filing a petition, pursuant to the provisions of

section 40-11-15, for medical services for a child, where his or her health requires it.

     SECTION 3. This act shall take effect upon passage.

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LC01407/SUB A

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