Judge Vincent Howard says he'll look over other similar cases and hopes to make a ruling in the Dale and Leilani Neumann case by the end of the month.
He heard arguments in a hearing Monday afternoon.
The Neumann's 11-year-old daughter, Madeline, died of untreated diabetes at their Weston home on Easter after becoming too weak to speak, eat, drink or walk.
Prosecutors say the girl's symptoms should have prompted her parents to seek life-saving medical treatment.
They prayed for her instead.
Attorneys for the Neumann's contend the couple cannot be charged with second-degree reckless homicide without their constitutional rights being violated.
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