Authority to pursue other remedies

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  1. (a) Notwithstanding an investigative determination finding of true but exempted, the Department of Human Services may pursue:

    1. (1) Any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction; and

    2. (2) 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 a child with life-threatening conditions.

  2. (b) Except with respect to the withholding of medically indicated treatments from a disabled infant with life-threatening conditions, case-by-case determinations concerning the exercise of authority in this section shall be within the sole discretion of the department.


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