UPDATED::Warned baby could die, Lansing couple rejected treatment, police say

UPDATE::  Murder, child abuse charges coming for parents whose baby died

A judge OK'd murder charges for the parents of a newborn baby who died because they did not seek medical care on religious grounds.

Judge James Jamo Thursday gave Ingham County prosecutors permission to file new charges of murder and child abuse against both Joshua and Rachel Piland. The couple, whose daughter Abigail died three days after birth, previously faced manslaughter charges.

“The defendants could have, from the outset, been charged with open murder and child abuse,” said Ingham County Assistant Prosecutor Bill Crino. Prosecutors used their discretion to file the manslaughter charge, Crino said, but “significant factual changes” have come up through medical reports and other information.

UPDATE::  Court: It's not child neglect to withhold medical care because of legitimate religious beliefs

It's not child neglect to withhold medical care if parents are doing so because of their legitimate religious beliefs, the Michigan Supreme Court said in an order released Thursday.

And that applies even in cases involving child protection, the court said. 

The order is the latest development in a custody case involving Rachel and Joshua Piland. The Lansing couple is fighting to keep custody of their two oldest children after their 3-day-old daughter, Abigail, died of conditions related to jaundice because the Pilands refused to seek medical care due to their religious beliefs. 

UPDATE::  Is it child neglect to refuse medical care based on religious beliefs? Supreme Court to decide.

A Lansing couple facing involuntary manslaughter charges after failing to seek medical treatment for their newborn daughter will go before the Supreme Court Wednesday in an attempt to regain custody of their two older sons.

The boys were removed from Rachel and Joshua Piland's custody seven weeks after Abigail Piland's February 2017 death. Abigail was three days old. She died from conditions related to jaundice after her parents refused a midwife's urging to seek medical treatment because of their religious beliefs.

The Michigan Department of Health and Human Services petitioned to have the boys removed from the Pilands' care due to a "concern of threatened harm of physical neglect," according to a petition to terminate parental rights.

The Michigan Supreme Court will hear oral arguments Wednesday at 9:30 a.m. about the battle for parental rights in Ingham County.

A Lansing woman refused to seek medical treatment for her newborn daughter even after a midwife warned that the infant's jaundice could lead to brain damage or death, a police detective testified last week in court.

The mother told the midwife her baby was fine, and that "God ... makes no mistakes," the detective said.

Two days later the infant was dead.

The woman, 30-year-old Rachel Joy Piland, and her husband, 36-year-old Joshua Barry Piland, have been charged with involuntary manslaughter.

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"They then brought Abigail upstairs to pray for her. Joshua continued to massage Abigail, attempting to get her good air. Both Josh and (Rachel) reached out to friends and fellow church members to come to their home and pray for Abigail’s resurrection, but never called the police.”

When police later arrived at the home they "went upstairs and found a baby that had passed away and three other people praying for it," Scaccia said.

Warned baby could die, Lansing couple rejected treatment, police say