RE: Assembly Committee on Children and Families Informational Hearing on AB 590, relating to eliminating the religious exemption to Wisconsin’s child abuse and neglect laws

March 16, 2010

Assembly Committee on Children and Families
Informational Hearing On:


Assembly Bill 590, authored by Rep. Berceau, relating to eliminating
the religious exemption to Wisconsin’s child abuse and neglect laws


When: 1 PM, Wednesday, March 17, 2010
Where: Room 400 Northeast, State Capitol, Madison

AB 590 Protecting All Wisconsin Children Equally By Removing The Religious Exemption From Our Child Abuse and Neglect Laws

The physical abuse of a child, including failure to act to prevent bodily harm, is a felony under current law (S. 948.03) with one exception. A person is not guilty of the felony of physical abuse of a child, including failure to act to prevent bodily harm, solely because he or she provides a child with treatment by spiritual means through prayer alone for healing, in lieu of medical or surgical treatment.
Even if a parent observes in the child the kinds of harmful and life-threatening symptoms of illness or injury for which most reasonable people would seek traditional medical treatment, and opts instead solely for a spiritual solution (such as prayer or faith healing), the parent cannot be held responsible under our child neglect and abuse laws for the resulting death, suffering, or debilitating injury of the child.
This bill eliminates the exception to Wisconsin’s child abuse and neglect statutes and protects all children equally.

AB 590 is endorsed by:
The American Academy of Pediatrics (Wisconsin Chapter)
Children’s Hospital and Health Systems
The Children’s Service Society of Wisconsin
Prevent Child Abuse Wisconsin
The Wisconsin Association of State Prosecutors
The National Association of Social Workers (Wisconsin Chapter)
The Wisconsin Nurses Association
The Wisconsin Association of School Nurses
The Wisconsin District Attorneys Association
The Wisconsin Academy of Family Physicians
Children's Health Alliance of Wisconsin
The Wisconsin Association of School Psychologists
The Legal Aid Society of Milwaukee


Hearing Notice:
Assembly
INFORMATIONAL HEARING
Committee on Children and Families

The committee will hold an informational hearing on the following items at the time specified below:
Wednesday, March 17, 2010
1:00 PM
400 Northeast
State Capitol
Assembly Bill 590
Relating to: elimination of an exception for spiritual treatment of a child in the law criminalizing physical abuse of a child and in the laws governing the practice of medicine or surgery, the investigation of child abuse or neglect, the administration of psychotropic medication to juveniles in correctional custody, the election of Christian Science treatment in lieu of medical or surgical treatment, and providing a penalty.
By Representatives Berceau, Seidel, Roys, Pasch, Danou, Vruwink, Zepnick and Sinicki.

Representative Terese Berceau
Rita Swan, Children’s Health Care Is a Legal Duty
Joe Farkas, Christian Science Committee on Publication
Barbara L. Knox, MD, Faculty, University of Wisconsin School of Medicine and Public Health, Pediatric Child Protection Clinic, Wisconsin Chapter, American Academy of Pediatrics
Dr. Lynn Sheets, Medical Director, Child Protection Center, Children’s Hospital & Health System
Kathy Poi, Chair, Public Policy Council, Wisconsin Nurses Association
Shawn Francis Peters, Center for Educational Opportunity, School of Education University of Wisconsin
Marc Herstand, MSW CISW, Executive Director, Wisconsin Chapter of the National Association of Social Workers
Joan M. Korb, Assistant District Attorney, Door County, Wisconsin District Attorneys Association
Sarah Davis, Associate Director of the Center for Patient Partnership, UW Law School
Testimony will be by invited speaker only

Rep. Tamara Grigsby, Chair