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Title 42, The Public Health and WelfareRelease 119-110

§5106i Rule of Construction

Title 42 › CHAPTER 67 — CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM › SUBCHAPTER I — GENERAL PROGRAM › § 5106i

Last updated Sep 22, 2026|Official source

Summary

Federal law does not force a parent or guardian to give a child medical care that goes against their religious beliefs. It also does not stop a State from calling something child abuse or neglect if a parent uses only spiritual care instead of medical treatment. Every State must have laws that let its child protective services use legal steps, including going to court, to get medical care for a child when it is needed to prevent or fix serious harm or to stop withholding medically indicated treatment from children with life threatening conditions. Except for cases about withholding treatment from disabled infants with life threatening conditions, the State decides on a case-by-case basis how to use this authority.

Full Legal Text

Title 42, §5106i

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

(a)In general
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)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

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 5106i

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110