Did religious objections to a child's medical treatment remove Kentucky's child abuse reporting and investigation duties?

Plain-English summary

In 1993, Kentucky's Attorney General concluded that the religious exception in KRS 600.020(1) did not switch off child abuse and neglect reporting or investigation requirements when a child lacked necessary medical care. The exception said a parent legitimately practicing religious beliefs was not a negligent parent solely because the parent withheld specified treatment for that reason. The AG read this protection for the parent alongside the law's concern for the child's health and welfare. A child in that situation could still be considered abused or neglected.

The AG said the reporting duty in KRS 620.030(1) and the Cabinet's prompt investigation duty in KRS 620.050(3) remained mandatory. The statute also expressly allowed a court to order necessary medical services for the child. The opinion reasoned that reporting and investigation allowed the child's medical needs to reach the court.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

People who received information about a child without necessary medical care

The AG said the parental religious exception did not remove the reporting requirement in KRS 620.030(1) for a person who knew or had reasonable cause to believe a child was dependent, neglected or abused. The opinion did not treat the parent's stated religious reason as ending consideration of the child's condition.

Cabinet child protection staff

The AG said KRS 620.050(3)'s prompt investigation and protective-services requirements still applied to reports involving the religious exception. The Cabinet had asked whether its interpretation of those duties was correct, and the AG agreed.

Parents and courts

The opinion recognized that KRS 600.020(1) protected a parent from being deemed negligent solely for withholding specified treatment as a legitimate religious practice. It also pointed out that the same provision allowed a court to order necessary medical services for the child.

Common questions

Did Kentucky's religious exception stop child neglect reports about withheld medical care?

The AG said no. It concluded that the reporting requirement still applied when the concern involved medical care withheld because of a parent's religious beliefs.

Did the Cabinet still have to investigate such a report?

Yes. The AG said KRS 620.050(3) required prompt investigation and protective services in cases involving the religious exception.

Could a court order medical care despite a parent's religious objection?

The opinion quoted KRS 600.020(1)'s statement that the religious exception did not prevent a court from ordering necessary medical services for a child.

Did the exception mean the parent was automatically negligent?

No. The AG quoted the statute's protection against deeming a parent negligent solely because specified medical treatment was withheld for a legitimate religious belief. It separately concluded that the child could still be considered abused or neglected.

Background and statutory framework

The Cabinet for Human Resources asked whether KRS 600.020(1)'s religious exception changed mandatory reporting under KRS 620.030 or the Cabinet's investigation duty under KRS 620.050(3). The AG read the exception with KRS 620.010's child welfare purpose and with the clause preserving a court's power to order necessary care. It concluded that reports and investigations remained mandatory in cases involving that exception.

Citations and references

• KRS 600.020(1): definition and parental religious exception, including the court-order clause.
• KRS 620.030(1): reporting duty.
• KRS 620.050(3): Cabinet investigation and protective-services duty.
• KRS 620.010: child welfare purpose cited by the AG.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG93-084.htm

Original opinion text

OAG 93-84

December 17, 1993

Masten Childers II

Deputy Secretary

General Counsel

Cabinet for Human Resources

Frankfort, KY 40621-0001

Dear Mr. Childers:

As Deputy Secretary and General Counsel for the Cabinet for Human Resources you have requested an Attorney General's Opinion regarding whether the language in KRS 600.020(1) exempts children who do not receive necessary medical treatment due to their parents' religious beliefs from the mandatory reporting requirements of KRS 620.030. Additionally, you question whether this religious exception affects the provisions of KRS 620.050(3) which require the Cabinet to initiate a prompt investigation of such reports and offer protective services toward safeguarding the welfare of the child.

KRS 600.020(1) contains the definition for an "abused or neglected" child and also includes the following religious exception:

A parent or other person exercising custodial control or supervision of the child legitimately practicing his religious beliefs shall not be considered a negligent parent solely because he fails to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child[.]

KRS 620.030(1) is a mandatory reporting requirement for allegations of dependency, neglect or abuse and provides:

Any person who knows or has reasonable cause to believe that a child is dependent, neglected or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky state police; the cabinet or its designated representative; the commonwealth's attorney or the county attorney; by telephone or otherwise.

KRS 620.050(3) mandates that the Cabinet investigate reports of an abused, neglected or abused child and states:

Upon receipt of a report of an abused, neglected or dependent child pursuant to this chapter, the cabinet as the designated agency or its delegated representative shall initiate a prompt investigation, take necessary action and shall offer protective services toward safeguarding the welfare of the child.

In your letter of October 25, 1993, you explained that the Cabinet takes the position that the language in KRS 600.020(1) does not preclude a child, whose parents failed to provide necessary medical care due to their religious beliefs, from being considered an abused or neglected child. It merely means that the parents will not be considered negligent parents and does not preclude the Cabinet from seeking appropriate judicial intervention.

It is the Opinion of the Attorney General that the cabinet is correctly interpreting the statutes in question. The legislature provided that the purpose behind the dependency, neglect and abuse act is to protect the physical and mental well-being of children. KRS 620.010. Therefore, in interpreting the specific statutory sections under this act, the paramount concern is the health and welfare of the child. The mandatory reporting requirements of KRS 620.030(1) and the mandatory investigation requirements of KRS 620.050(3) must be followed for the benefit of the child notwithstanding any parental consequences.

The most important component in these medical care cases is to provide the most appropriate medical care for the child. The General Assembly has made this perfectly clear in KRS 600.020(1) which specifies that the parental religious exception shall not preclude a court from ordering necessary medical services for a child. It would be almost impossible for a court to order appropriate medical care for a child if the mandatory reporting and investigation requirements were ignored.

In conclusion, a child who does not receive necessary medical care due to his parents' religious belief may be considered an abused or neglected child. KRS 600.020(1). Accordingly, the reporting requirements of KRS 620.030(1) and the investigation requirements of KRS 620.050(3) are mandatory and must be followed in cases involving the religious exception contained in KRS 600.020(1).

Sincerely yours,

CHRIS GORMAN

ATTORNEY GENERAL

Lynne Schroering

Assistant Attorney General

(502) 564-7600

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