When Child Protective Services (CPS) gets involved in a case alleging medical neglect, Michigan parents sometimes wonder how their religious beliefs will be treated under the law. MCL 722.634 recognizes that parents have the right to practice their religion, but it also sets clear limits on when that right protects against a neglect finding.

What MCL 722.634 Says

The statute 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. This section shall not preclude a court from ordering the provision of medical services or nonmedical remedial services recognized by state law to a child where the child’s health requires it nor does it abrogate the responsibility of a person required to report child abuse or neglect.”

The key points you should know are:

• If you legitimately practice a religious belief and withhold specific medical treatment for that reason alone, CPS cannot automatically label you as “neglectful.”
   
• The court can still order medical treatment if your child’s health requires it.
  
• Mandatory reporters (like doctors and teachers) must still report suspected neglect.

The Importance of “Legitimately Practicing”

The Michigan Court of Appeals clarified that the court will examine whether:

• You were actually practicing your religious beliefs at the time you withheld medical care.
  
• Your reason for refusing treatment was genuine and not a false or spurious excuse.

If the evidence shows your decision was based on sincere religious practices, you may be entitled to a special jury instruction during a CPS trial. It is important to discuss this with your attorney so they can properly request that the court instruct the jury accordingly.

When the Court Can Still Intervene

Even with a religious exemption, once the court takes jurisdiction over your child, it can order medical care it deems necessary. The Michigan Court of Appeals held that after adjudication, the court may override religious objections to vaccinations and other treatments.

Why Legal Help is Critical

Religious exemption cases are complex. You have to prove both the sincerity of your beliefs and that your actions were consistent with legitimate religious practice. Courts balance religious freedom with the state’s duty to protect children’s health.

If you are facing a CPS investigation involving medical treatment and religious beliefs:

• Do not navigate this alone.
  
• An experienced Michigan CPS defense attorney can gather evidence of your faith practice, challenge improper neglect allegations, and protect your parental rights in court.

Contact Us Today!

At The Kronzek Firm, we understand the stress involved when CPS gets involved in your life. We have years of experience defending people in CPS actions. MCL 722.634 offers important protections for parents of faith, but it is not an absolute shield against CPS action. If you are under investigation, contact us today.

📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK or emailing us at contactus@kronzek.law.

[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]