(a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not be considered a negligent parent or guardian for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child when the child's health requires it.
(b) The department may, in any case, pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary to provide medical care or treatment for a child when the care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from infants with disabilities and with life-threatening conditions. Upon application by the department, the court may issue prelitigation or pretrial discovery orders for persons, medical records, and other documents or materials.
Structure Code of Alabama
Title 26 - Infants and Incompetents.
Chapter 14 - Reporting of Child Abuse or Neglect.
Section 26-14-1 - Definitions.
Section 26-14-2 - Purpose of Chapter.
Section 26-14-3 - Mandatory Reporting.
Section 26-14-4 - Permissive Reporting.
Section 26-14-5 - Contents of Reports.
Section 26-14-6 - Temporary Protective Custody.
Section 26-14-6.1 - Duties and Responsibilities for Investigation of Reports.
Section 26-14-7 - Duties of Department of Human Resources.
Section 26-14-7.1 - Due Process Rights for Persons Under Investigation by Department.
Section 26-14-7.2 - Child Denied Medical Treatment Due to Parents' Religious Beliefs.
Section 26-14-8 - Statewide Central Registry.
Section 26-14-9 - Immunity From Liability for Actions Under Chapter.
Section 26-14-11 - Appointment of Attorney to Represent Child.
Section 26-14-12 - Establishment of Regulations by Department of Human Resources.
Section 26-14-13 - Penalty for Failure to Make Required Report.