DENVER (AP) - Lawmakers plan to consider a bill to eliminate a religious defense in child abuse cases in the wake of the deaths of three children whose parents belong to a church espousing faith-healing.
At issue in Tuesday's planned hearing in the House Criminal Justice Committee will be whether the state can intervene if a religious practice causes the harm or death of a child.
"It's one thing if adults want to make a decision to use prayer exclusively for healing, but I believe we need to protect children if medical care is necessary," said sponsor Rep. Kay Alexander, R-Montrose. "I believe in the power of prayer, but this is different."
Alexander lives in western Colorado, where faith-healing has come under scrutiny because of deaths of three children whose parents belong to the General Assembly Church of the First Born in Grand Junction.
Amanda Bates died Feb. 5 of complications from untreated diabetes. Her parents belong to the church, which encourages members to shun medical treatment in favor of prayer.
Amanda is one of nearly a dozen children of church members who have died or were stillborn since the 1970s. Two sets of parents were prosecuted.
The difficulty in prosecuting such cases has been a longstanding law under which parents can claim a defense against child abuse if they use faith-healing treatment recognized by the Internal Revenue Service and insurance companies.
Colorado is one of 26 states that allow a religious defense to child endangerment, criminal abuse or neglect, according to the Iowa-based group Children's Healthcare is a Legal Duty.
Critics say the Colorado law has made it difficult for prosecutors to convict people who rely exclusively and unsuccessfully on prayer to heal children.
Alexander's legislation, House Bill 1286, would remove that exemption.
"From a policy perspective, we are affording significantly more rights with respect to child welfare cases to those individuals who practice faith healing and our primary concern was to level the playing field and have one law applying to all citizens," said Peter Weir, director of the Colorado District Attorneys Council, which proposed the measure.
He believes the measure will withstand a challenge based on the First Amendment's guarantee of freedom of religion.
"We are not in any way, shape or form saying it's inappropriate for people to be practicing their faith," he said. "What we are saying is it's an appropriate function of government to intercede if that practice is potentially causing the harm or death of a child."
Bob Doughtie of the Christian Science Committee on Publication for Colorado, said prosecutors can convict those who practice faith healing so it is unnecessary to remove the religious exemption.
"We understand the need of society to do something, but we also feel there's a need for Colorado law and law around the country to allow for cultural and religious diversity," Doughtie said. "Society can have enough elbow room in the law to allow for responsible practitioners of Christian healing to work."
Sen. Bob Hagedorn, D-Aurora, the bill's co-sponsor, said 19 states have adopted similar legislation.
"I believe that our founding fathers, when they wrote the Bill of Rights, said freedom of religion means the freedom to worship and to express religious views," he said. "I don't believe it was written to allow children, innocent children, to die."
Mesa County prosecutors have not decided yet whether to file charges against Amanda's parents, Colleen and Randy Bates. The determining factor will be whether the parents knew their daughter's condition was life-threatening, authorities said.
In 1990, the parents of a 7-year-old girl were convicted of child abuse after she died of appendicitis. In February 2000, two church members pleaded guilty to child abuse after their 18-day-old son died of pneumonia a year earlier.