Sunday, June 05, 2011

Child's Exposure to Santeria Ritual Constitutes Neglect-- No Free Exercise Claim Raised At Trial

In New Jersey Division of Youth and Family Services v. Y.C., (NJ App., May 27, 2011), a New Jersey appellate court upheld a finding of child neglect against a mother who "arranged for her seven-year-old daughter to be subjected to a ceremony in which the child was handed over to strangers [located through the Internet], pricked with a needle on various parts of her body, and forced to watch animals being strangled and having their throats cut." While this was apparently a Santeria ritual, at trial the mother denied that the ceremony was based on her religious beliefs and said that instead it was a ceremony intended to keep her daughter safe while the mother enlisted in the armed forces. On appeal, for the first time the mother raised free exercise claims.  However the court rejected them because there was no evidence at trial of a religious basis for the ritual, and indeed the mother's counsel specifically argued at trial that religion was not an issue in the case. Absent that defense, the appeals court found that the record supported the trial judge's finding of abuse and neglect.

UPDATE: Ernesto Pichardo from Church of the Lukumi Babalu Aye tells me by e-mail that the ceremony described in the case is not Santeria, but instead is consistent with priesthood ordination in the African based religion originating in the Congo, known as Palo Mayombe in Cuba and Diaspora.