42 U.S.C. § 5106i : US Code - Section 5106I: Rule of construction

Search 42 U.S.C. § 5106i : US Code - Section 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.