According to U-W-Stevens Point Political Science Professor, John Blakeman, cases like this are not as rare as people may think and are very difficult for states to prosecute.

He says usually in cases involving religion, prosecutors will either seek charges of Child Neglect or 2nd Degree Reckless Homicide, but it rarely stands up in the courtroom. Blakeman says many times in cases like this if a criminal charge and a conviction happen, usually the state supreme court will overturn them.

Blakeman says, "when states have a law like in Wisconsin that protects prayers as a means of healing a child, the law is considered to vague and so vague that typically any criminal conviction will be over turned."

He says the main reason is there has to be more evidence than just religious issues that led to the death of a child.
He says about two-thirds of the states have laws concerning religion and child neglect and Wisconsin does protect religious beliefs.