---
kind: "section"
citation: "42 U.S.C. § 5106i"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5106i"
heading: "Rule of construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5106i"
units:
  - "Chapter 67 — Child Abuse Prevention and Treatment and Adoption Reform"
  - "Subchapter I — General Program"
---

# §5106i. Rule of construction

- (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](/usc/42/11851.md?p=11) against the religious beliefs of the parent or legal guardian; and
  - (2) to require that a [State](/usc/42/2021b.md?p=14) find, or to prohibit a [State](/usc/42/2021b.md?p=14) 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](/usc/42/11851.md?p=11), in accordance with the religious beliefs of the parent or legal guardian.
- (b) **State requirement—** Notwithstanding [subsection (a)](#a), a [State](/usc/42/2021b.md?p=14) shall, at a minimum, have in place authority under [State](/usc/42/2021b.md?p=14) law to permit the child protective services system of the [State](/usc/42/2021b.md?p=14) to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or [treatment](/usc/42/11851.md?p=11) for a child when such care or [treatment](/usc/42/11851.md?p=11) is necessary to prevent or remedy serious harm to the child, or to prevent the [withholding of medically indicated treatment](/usc/42/5106g.md?p=a-5) from children with life threatening conditions. Except with respect to the [withholding of medically indicated treatments](/usc/42/5106g.md?p=a-5) 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](/usc/42/2021b.md?p=14).

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

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