Module M Criminal Laws Related To Health And Welfare

Parents and legal guardians have a great deal of latitude to raise their children how they wish based on personal values, beliefs, and morals including religious beliefs. However, the law limits the extent of this prerogative so long as the child's health and welfare are not compromised. In other words, parents and guardians cannot put a child's mental or physical health at risk. Once this happens, the government can step in under the authority of section 300 and 305 of the Welfare and Institutions Code and potentially prosecute these actions under the one of following Penal Code sections below.

Study the following sections carefully to become familiar with their elements.

Penal Code Sections Related To Child Welfare And Custody

California Penal Code section 272 is applicable when any adult (doesn't have to be a parent or guardian) causes someone under the age of 18 to violate a criminal statute or become involved in crime related activity. This can include providing alcohol to minors, facilitating their participation in sexual acts, or knowingly allowing drug use.

The last two sections prohibit parents and guardian from putting juveniles at any kind of risk for mental or physical harm either by creating conditions or inflicting harm, such as through punishment. There are a few important points to remember as you study these sections. First, the law does not prohibit or punish poverty. As long as children are healthy, the government cannot come in and remove a juvenile from their family. Second, the law does not prohibit a parent from punishing their children, even with a spanking. Generally speaking, as long as that physical strike doesn't leave a long-term mark, break the skin, or require medical attention, it doesn't violate the law.

What these sections do prohibit, relative to LGBTQ+ juveniles, is kicking a juvenile out of the house, creating living conditions that are harmful mentally or physically to the child, or denying a juvenile things essential to their health and welfare, such as food. Parents and guardians are also responsible for their children to attend school.

One other section of law in the Business and Professions Code to be familiar with that relates to the mental health and wefare of LGBTQ+ juveniles is the prohibition of conversion therapy to change the sexual orientation of a juvenile.

Section 865 - Prohibition Of Conversion Therapy For Juveniles

This section has been tested in the courts based on the belief it violates the First Amendment rights of parents and practitioners, but the courts have upheld the law, based largely on the opinions of the American Medical Association, American Psychological Association, and American Psychiatric Association that all believe conversion therapy not only doesn't work, but is inherently harmful. What the law doesn't prohibit or protect juveniles from is efforts from organized religions to "pray the gay away." In other words, conversion therapy efforts under the guise of "Bible study" or "prayer groups" are protected and permitted.