M Civ JI 97.43A Legitimate Practice of Religious Beliefs

If you find that _____ [ was / were] legitimately practicing [ his / her / their ] religious beliefs when [ he / she / they ] did not provide specified medical treatment for _____, [ he / she / they ] shall not, for that reason alone, be considered a negligent parent or guardian.

Note on Use

This instruction should be given if the instruction is requested by a respondent parent and if a rational view of the evidence supports the conclusion that the failure to provide medical treatment was based on the respondent’s legitimate practice of his or her religious beliefs. In re Piland, 503 Mich 1032 (2019).

Comment

MCL 722.634. In re Piland, 324 Mich App 337 (2018). The Supreme Court affirmed the holding of the Court of Appeals that MCL 722.634 applies to child protective proceedings. 503 Mich 1032 (2019).

History

Adopted January 2020.