
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5106i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106i. Rule of construction


(a) In general

    Nothing in this subchapter and subchapter III of this chapter shall 
be construed--
        (1) as establishing a Federal requirement that a parent or legal 
    guardian provide a child any medical service or treatment against 
    the religious beliefs of the parent or legal guardian; and
        (2) to require that a State find, or to prohibit a State from 
    finding, abuse or neglect in cases in which a parent or legal 
    guardian relies solely or partially upon spiritual means rather than 
    medical treatment, in accordance with the religious beliefs of the 
    parent or legal guardian.

(b) State requirement

    Notwithstanding subsection (a) of this section, a State shall, at a 
minimum, have in place authority under State law to permit the child 
protective services system of the State to pursue any legal remedies, 
including the authority to initiate legal proceedings in a court of 
competent jurisdiction, to provide medical care or treatment for a child 
when such care or treatment is necessary to prevent or remedy serious 
harm to the child, or to prevent the withholding of medically indicated 
treatment from children with life threatening conditions. Except with 
respect to the withholding of medically indicated treatments from 
disabled infants with life threatening conditions, case by case 
determinations concerning the exercise of the authority of this 
subsection shall be within the sole discretion of the State.

(Pub. L. 93-247, title I, Sec. 113, formerly Sec. 115, as added and 
renumbered Sec. 113, Pub. L. 104-235, title I, Secs. 112, 113(a)(1)(C), 
Oct. 3, 1996, 110 Stat. 3078, 3079.)
