Title 42 — The Public Health and Welfare
Chapter 67 — Child Abuse Prevention and Treatment and Adoption Reform
§ 5106i. Rule of construction
Statutory text
In general
Nothing in this subchapter and subchapter III shall be construed—
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
to require that a State find, or to prohibit a State from finding, child 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.
State requirement
Notwithstanding subsection (a), 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Child Abuse Prevention and Treatment Act
Pub. L. 93–247 title I § 113 · [88 Stat. 4]
Enacted · 42 U.S.C. § 5106i
Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079
Source evidence
Code source credit
Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079CAPTA Reauthorization Act of 2010
Pub. L. 111–320 title I § 121 · 124 Stat. 3459
Substituted · 42 U.S.C. § 5106i(a)(2)
Pub. L. 111–320 substituted “child abuse or neglect” for “abuse or neglect”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 111–320 substituted “child abuse or neglect” for “abuse or neglect”.Enacted provision · exact public law section
SEC. 121. RULE OF CONSTRUCTION. Section 113(a)(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106i(a)(2)) is amended by striking “abuse or neglect” and inserting “child abuse or neglect”.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
2010—Subsec. (a)(2). Pub. L. 111–320 substituted “child abuse or neglect” for “abuse or neglect”.
Credits
1996–2010 · 2 acts
- 1996Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), , 110 Stat. 3078, 3079
- 2010amended Pub. L. 111–320, title I, § 121, , 124 Stat. 3478.
Show as published
(Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), , 110 Stat. 3078, 3079; amended Pub. L. 111–320, title I, § 121, , 124 Stat. 3478.)