§ 5106i. Rule of construction
282 words·~1 min read·
/usc/title-42/section-5106iA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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; amended Pub. L. 111–320, title I, § 121, Dec. 20, 2010, 124 Stat. 3478.)
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- Rules and RegulationsInterim final rules with request for comments
- Rules and RegulationsNotice of a modified system of records
- Proposed RulesFinal rule SUMMARY: The Department of Health and Human Services (HHS or the Department) is issuing this final rule to partially rescind the May 21, 2019, final rule entitled, “Protecting Statutory Conscience Rights in Health Care; Delegations of Authority” (“2019 Final Rule”), while leaving in effect the framework created by the February 23, 2011, final rule entitled, “Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws” (“2011 Final Rule”), which has been in effect continuously since March 25, 2011
statutes-at-large
- Public Law 111–320To amend the Child Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988 to reauthorize the Acts, and for other purposes
- Public Law 104–235To modify anti reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes
statute-compilations
6 references not yet in our index
- Pub. L. 93–247, title I, § 113
- Pub. L. 104–235, title I
- 110 Stat. 3078
- Pub. L. 111–320, title I, § 121
- 124 Stat. 3478
- Pub. L. 111–320
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cites case law
§ 5106i
Rule of construction
Fed. Reg.×15
Stat.×2
Stat. Comp.×1
Pub. L.Pub. L. 93–247, title I, § 113
Pub. L.Pub. L. 104–235, title I
Stat.110 Stat. 3078
Pub. L.Pub. L. 111–320, title I, § 121
Stat.124 Stat. 3478
Cites 6 · showing 5Cited by 18 across 3 sources