Bill Summary
This bill aims to amend the Child Abuse Prevention and Treatment Act to prevent state child protective services systems from removing a child from their parent or legal guardian's custody solely based on the parent's or legal guardian's refusal to consent to a gender-transition intervention for the child. It also prohibits using such reluctance or refusal as grounds for abuse or neglect. The bill defines key terms such as "biological sex" and "gender-transition intervention" and adds a section stating that states will be ineligible to receive funding if their laws allow for the removal of a child or use of refusal to consent as evidence of abuse or neglect.
Possible Impacts
1) A child who identifies as transgender may be unable to receive gender-transition interventions such as hormone therapy or surgery if their parent or legal guardian refuses to give consent. This could affect their physical and emotional well-being, as well as potentially impacting their ability to fully express their gender identity.
2) Parents or legal guardians who have religious or personal beliefs against gender-transition interventions may feel pressured to consent to these interventions in order to avoid having their child removed from their custody. This could potentially violate their right to raise their child according to their own beliefs and values.
3) Child protective services may be limited in their ability to remove a child from an abusive or neglectful environment if the only evidence is the parent or legal guardian's refusal to consent to gender-transition interventions. This could potentially put a child at risk and prevent them from receiving necessary protection and support.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9507 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9507
To amend the Child Abuse Prevention and Treatment Act to prevent State
child protective services systems from removing a child from the
custody of the child's parent or legal guardian due to the parent's or
legal guardian's reluctance or refusal to consent to the child
receiving a gender-transition intervention, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2022
Ms. Foxx introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Child Abuse Prevention and Treatment Act to prevent State
child protective services systems from removing a child from the
custody of the child's parent or legal guardian due to the parent's or
legal guardian's reluctance or refusal to consent to the child
receiving a gender-transition intervention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Right to Protect Act''.
SEC. 2. GENERAL DEFINITIONS.
Section 3 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``Act--'' and inserting ``Act:'';
(2) in paragraph (1)--
(A) by striking ``the term'' and inserting
``Child.--The term'';
(B) in subparagraph (B), by inserting ``or as
provided in section 115'' after ``abuse''; and
(C) by striking the semicolon at the end and
inserting a period;
(3) in paragraph (2)--
(A) by striking ``the term'' and inserting ``Child
abuse and neglect.--The term''; and
(B) by striking the semicolon at the end and
inserting a period;
(4) in paragraph (3)--
(A) by striking ``the term'' and inserting ``Child
with a disability.--The term''; and
(B) by striking the semicolon at the end and
inserting a period;
(5) in paragraph (4)--
(A) by striking ``the term'' and inserting
``Governor.--The term''; and
(B) by striking the semicolon at the end and
inserting a period;
(6) in paragraph (5)--
(A) by striking ``the terms'' and inserting
``Indian; indian tribe; tribal organization.--The
terms''; and
(B) by striking the semicolon at the end and
inserting a period;
(7) in paragraph (6)--
(A) by striking ``the term'' and inserting
``Secretary.--The term''; and
(B) by striking the semicolon at the end and
inserting a period;
(8) in paragraph (7)--
(A) by striking ``except as provided in section
106(f), the term'' and inserting ``State.--Except as
provided in section 106(f), the term''; and
(B) by striking ``; and'' and inserting a period;
(9) in paragraph (8), by striking ``the term'' and
inserting ``Unaccompanied homeless youth.--The term'';
(10) by adding at the end the following:
``(9) Biological sex.--The term `biological sex' means the
genetic classification of an individual as male or female, as
reflected in the organization of the body of such individual
for a reproductive role or capacity, such as through sex
chromosomes, naturally occurring sex hormones, and internal and
external genitalia present at birth, without regard to the
subjective sense of identity of the individual.
``(10) Gender-transition intervention.--
``(A) In general.--Except as provided in
subparagraph (B), the term `gender-transition
intervention' means--
``(i) the changing of an individual's
social presentation (including pronouns, first
name, hairstyle, or clothing) to conform to the
subjective sense of identity of the individual,
which is incongruent with the biological sex of
the individual;
``(ii) the prescription or administration
of GnRH agonists or other puberty-blocking
drugs to stop or delay normal puberty in order
to prevent bodily changes that do not conform
to the subjective sense of identity of the
individual, which is incongruent with the
biological sex of the individual;
``(iii) the prescription or administration
of medications for the purpose of changing the
body of an individual so that the individual's
body conforms to the subjective sense of
identity of the individual, which is
incongruent with the biological sex of the
individual, including prescribing or
administering--
``(I) testosterone or other
androgens to biological females at
doses that are supraphysiologic to the
female sex; or
``(II) estrogen to biological males
at doses that are supraphysiologic to
the male sex;
``(iv) performing a surgery that sterilizes
an individual (including castration, vasectomy,
hysterectomy, oophorectomy, metoidioplasty,
penectomy, phalloplasty, and vaginoplasty) for
the purpose of changing the body of the
individual so that the individual's body
conforms to the subjective sense of identity of
the individual, which is incongruent with the
biological sex of the individual; or
``(v) performing a mastectomy on an
individual for the purpose of changing the body
of the individual so that the individual's body
conforms to the subjective sense of identity of
the individual, which is incongruent with the
biological sex of the individual.
``(B) Exception.--The term `gender-transition
intervention' does not include--
``(i) an intervention described in
subparagraph (A) that is performed on--
``(I) an individual with biological
sex characteristics that are inherently
ambiguous, such as those born with 46
XX chromosomes with virilization, 46 XY
chromosomes with undervirilization, or
having both ovarian and testicular
tissue; or
``(II) an individual with respect
to whom a physician has determined
through genetic or biochemical testing
that the individual does not have
normal sex chromosome structure, sex
steroid hormone production, or sex
steroid hormone action, for a
biological male or biological female;
``(ii) the treatment of any infection,
injury, disease, or disorder that has been
caused or exacerbated by the performance of an
intervention described in subparagraph (A); or
``(iii) any procedure undertaken because
the individual suffers from a physical
disorder, physical injury, or physical illness
that would, as certified by a physician, place
the individual in imminent danger of death or
impairment of major bodily function unless the
procedure is performed.''; and
(11) by reordering paragraphs (1) through (8) (as amended
by paragraphs (2) through (9) of this section), and the
paragraphs added by paragraph (10) of this section in
alphabetical order, and renumbering such paragraphs as so
reordered.
SEC. 3. FUNDING PROHIBITION.
(a) In General.--Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end
the following:
``SEC. 115. INELIGIBILITY FOR FUNDING.
``(a) In General.--A State shall be ineligible to receive funds
under this title if the laws of the State permit the child protective
services system of the State--
``(1) to remove a child from the custody of the parent or
legal guardian of the child due to the parent's or legal
guardian's reluctance or refusal to consent to a gender-
transition intervention for such child; or
``(2) to use such reluctance or refusal as evidence of
abuse or neglect by such parent or legal guardian.
``(b) Child Defined.--In this section, the term `child' means a
person who has not attained the age of 18.''.
(b) Conforming Amendment.--The table of contents for the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended
by inserting after the item relating to section 114 the following:
``Sec. 115. Ineligibility for funding.''.
<all>