Home > Laws & Policies > Child Abuse Prevention and Treatment Act as Amended by the Keeping Children and Families Safe Act of 2003
Child Abuse Prevention and Treatment Act
as Amended by the
Keeping Children and Families Safe Act of 2003
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i]
[No amendments were made to this section by P.L. 108-36.]
- IN GENERAL.—Nothing in this Act 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, 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.
Return to Table of Contents