Full question:
Does a parent have a moral or legal obligation to obtain medical help for his or her child?
- Category: Healthcare
- Date:
- State: South Carolina
Answer:
Generally, parents have the responsibility to provide necessary medical treatment for their children. If parents refuse life-saving medical treatment for their children, the state may intervene against the parents' wishes, even if they made their decision on religious grounds.
The applicable South Carolina statutes are as follows:
§ 20-7-50. Unlawful conduct towards child.
(A) It is unlawful for a person who has charge or custody of a child,
or who is the parent or guardian of a child, or who is responsible for
the welfare of a child as defined in Section 20-7-490(5) to:
(1) place the child at unreasonable risk of harm affecting the child's
life, physical or mental health, or safety;
(2) do or cause to be done unlawfully or maliciously any bodily harm to
the child so that the life or health of the child is endangered or likely
to be endangered; or
(3) wilfully abandon the child.
(B) A person who violates subsection (A) is guilty of a felony and for
each offense, upon conviction, must be fined in the discretion of the
court or imprisoned not more than ten years, or both.
§ 20-7-70. Cruelty to children.
Whoever cruelly ill-treats, deprives of necessary sustenance or
shelter, or inflicts unnecessary pain or suffering upon a child or causes
the same to be done, whether the person is the parent or guardian or has
charge or custody of the child, for every offense, is guilty of a
misdemeanor and, upon conviction, must be imprisoned not more than thirty
days or fined not more than two hundred dollars, at the discretion of the
magistrate.
§ 20-7-280. Minor sixteen years old or over may consent to health
services other than operations.
Any minor who has reached the age of sixteen years may consent to any
health services from a person authorized by law to render the particular
health service for himself and the consent of no other person shall be
necessary unless such involves an operation which shall be performed only
if such is essential to the health or life of such child in the opinion
of the performing physician and a consultant physician if one is
available.
§ 20-7-290. Certain health services may be rendered to minor of any age
without consent of parent or guardian.
Health services of any kind may be rendered to minors of any age
without the consent of a parent or legal guardian when, in the judgment
of a person authorized by law to render a particular health service, such
services are deemed necessary unless such involves an operation which
shall be performed only if such is essential to the health or life of
such child in the opinion of the performing physician and a consultant
physician if one is available.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
