In this child-protective
proceeding, respondents’ 3-day-old daughter died from jaundice, after they
refused, purportedly on the basis of religious beliefs, to obtain medical treatment
for her. The family court scheduled a jury trial to determine whether to take jurisdiction
over respondents’ two minor sons. Respondents requested that the jury be
instructed, pursuant to MCL 722.634, which states: “A parent or guardian
legitimately practicing his religious beliefs who thereby does not provide
specified medical treatment for a child, for that reason alone shall not be
considered a negligent parent or guardian.” The family court denied the
request. In a split published opinion, the Court of Appeals majority agreed
with respondents that MCL 722.634 was applicable to child-protective
proceedings and that the trial court was required to give the instruction. The
dissenting judge agreed that the statute was applicable, but disagreed that the
trial court was required to give the instruction. The Supreme Court has directed
oral argument on petitioner Department of Health and Human Services’
application for leave to appeal to address: (1) whether respondents are
entitled to a jury instruction based on MCL 722.634, which states: “A parent or
guardian legitimately practicing his religious beliefs who thereby does not
provide specified medical treatment for a child, for that reason alone shall
not be considered a negligent parent or guardian”; and (2) for purposes of this
determination, the distinction, if any, between the terms “neglects” and “refuses”
in MCL 712A.2(b)(1), where the family court’s jurisdiction is sought on the
basis of the parents’ failure to obtain medical care for a child.