§5106i — Title 42 The Public Health and Welfare | U.S. Code

Summary

Protects parents’ religious choices about medical care for their children. It does not create any federal rule that forces a parent or guardian to give medical treatment that goes against their religion. It also does not stop a state from calling it child abuse or neglect if a parent relies only or partly on spiritual care instead of medical treatment for religious reasons. At the same time, each state must have laws letting child protective services use the courts to get medical care for a child when it is needed to prevent or fix serious harm, or to stop withholding medically needed treatment for life‑threatening conditions. Except for cases about withholding treatment from disabled infants with life‑threatening conditions, the state decides case by case how to use that power.

Title 42, §5106i

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this subchapter and subchapter III 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, 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.

(b)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.

Editorial Notes

Amendments

2010—Subsec. (a)(2). Pub. L. 111–320 substituted “child abuse or neglect” for “abuse or neglect”.

§5106i Rule of construction

Summary

Title 42, §5106i

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata