42 U.S.C. 5106a(b)(2)(B)(vii)changedby H.R. 10745 Sec. 101(1)
The bill says: in clause (vii), by inserting ", except to the extent that such report relates to a claim or suspicion of child abuse based on a parent or guardian affirming a child's sex" before the semicolon at the end;
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(2)(B)(xxiv)changedby H.R. 10745 Sec. 101(1)
(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 7102(10) 2 of title 22); and
The bill says: in clause (xxiv), by striking "; and" and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(2)(B)added (xxvi)by H.R. 10745 Sec. 101(1)
(xxvi) provisions and procedures for—(I) protecting and promoting children's right to be free from sex-rejecting interventions; and(II) protecting children from the use, without express parental consent, of pronouns or titles that do not correspond to the child’s sex;(xxvii) provisions and procedures for training child protective service workers, guardians ad litem, minor’s counsel, court appointed special advocates, judges, and other individuals providing services to children and families on—(I) the medical, psychological, and developmental harms of sex-rejecting interventions to children and the harms of using pronouns or titles that do not correspond to a child’s sex;(II) the right of a parent or legal guardian to affirm a child’s sex and of a parent, legal guardian, caregiver, foster parent, or prospective foster or adoptive parent to be free from discrimination or adverse State actions for affirming a child’s sex;(III) the principle that affirmation of a child's sex by a parent, legal guardian, caregiver, foster parent, or prospective foster or adoptive parent is not child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child's best interest, contrary to the child's health, safety, or welfare, or an indication of parental unfitness or incapacity; and(IV) the principle that affirmation of a child’s sex is consistent with the child’s best interests, health, safety, and welfare; and(xxviii) provisions and procedures requiring any covered entity described in section 111(a)(5)(A) to have in effect policies and procedures that protect and promote the right of a parent, legal guardian, or caregiver to be free from any adverse State action.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(2)(F)changedby H.R. 10745 Sec. 101(1)
(F) an assurance or certification that programs and training conducted under this subchapter address the unique needs of unaccompanied homeless youth, including access to enrollment and support services and that such youth are eligible for under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] and meet the requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
The bill says: in subparagraph (F), by striking "; and" and inserting a semicolon;
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(2)(G)changedby H.R. 10745 Sec. 101(1)
The bill says: in subparagraph (G), by striking the period and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(2)added (H)by H.R. 10745 Sec. 101(1)
(H) an assurance in the form of a certification by the governor of the State that the programs, projects, or trainings conducted or funded under this title do not violate the limitations set forth in section 115; and(I) an assurance in the form of a certification by the governor of the State that the programs, projects, or trainings conducted under this subchapter comply with clauses (xxvi) through (xxviii) of subparagraph (B).
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(3)changedby H.R. 10745 Sec. 101(1)
(3) Limitation. With regard to clauses (vi) and (vii) of paragraph (2)(B), nothing in this section shall be construed as restricting the ability of a State to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the State may not refuse such a disclosure where a court orders(A) a court orders such disclosure after such court has reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report.
The bill says: by striking "such a disclosure where a court orders" and inserting “such a disclosure where—
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(3)changedby H.R. 10745 Sec. 101(1)
The bill says: by striking the period and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(b)(3)added (B)by H.R. 10745 Sec. 101(1)
(B) a report includes an allegation that the child is being affirmed as his or her sex; or(C) the child has expressed a desire to be treated in a manner that does not correspond to his or her sex or has requested sex-rejecting interventions.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(c)(4)(B)(i)(I)changedby H.R. 10745 Sec. 101(2)
The bill says: in subsection (c)(4)(B)(i)(I), by inserting ", except as requested by the Secretary" before the semicolon;
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106a(d)added (19)by H.R. 10745 Sec. 101(3)
(19) Of the number of children described in paragraph (1), the number who identify in a manner that does not correspond to their sex and—(A) who were reported to the State to have run away from home or eloped from a placement;(B) who have been given a placement outside of the home;(C) who were removed from parent, legal guardian, or caregiver; or(D) whose parents had their parental rights terminated.
The bill says: in subsection (d), by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5106aadded (g)by H.R. 10745 Sec. 101(4)
(g) Scope of application.— For purposes of clauses (xxvi) through (xxviii) of subsection (b)(2)(B), if any covered entity described in section 111(a)(5)(A) receives funds under this title, directly or as a recipient of a subgrant, the provisions and procedures described in such clauses shall apply to all of the operations, divisions, facilities, or programs of that covered entity, regardless of whether the specific operation, division, facility, or program received such funds.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106a)
42 U.S.C. 5101added 115by H.R. 10745 Sec. 102
115 Restrictions on uses of funds; protection of parental rights.—(a) In general.— In administering, enforcing, or awarding funds under this title, the Secretary shall not treat affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, or prospective foster or adoptive parent as child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety, or welfare, or an indication of parental unfitness or incapacity.(b) Condition on receipt of funds; rights protected.— As a condition of receiving funds under this title, including any grants, subgrants, or other allocations, a covered entity shall protect the following rights and shall not discriminate or take an adverse State action against an individual because such individual exercises, has exercised, or intends to exercise any such right:(1) A parent or legal guardian has the right to affirm a child's sex, including the right for the child not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to—(A) the provision, facilitation, funding, authorization, or permission of any sex-rejecting intervention for the child;(B) the use of pronouns or titles that do not correspond to the child's sex, without the express written consent of the child's parent or legal guardian; or(C) if the child is 4 years of age or older, being permitted or assigned the use of sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other area in which the child would be in a state of undress, with individuals of the opposite sex.(2) A parent or legal guardian has the right not to be required to consent to the child being subjected to any of the actions described in subparagraph (A), (B), or (C) of paragraph (1) as a condition of custody or return of the child, or visitation, communication, or reunification with the child.(3) A parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent has a right to be free from discrimination or adverse State action for affirming or intending to affirm a child’s sex.(4) A child has the right not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to any sex-rejecting intervention.(c) Prohibited uses of funds.— The Secretary shall ensure that no funds provided under this title, including any grants, subgrants, and other allocations to States, Indian Tribes or Tribal organizations, and public and private agencies and organizations, are used for any of the following:(1) Conducting, supporting or promoting any program, project, curriculum, guidance, protocol, or training that supports or promotes a principle that—(A) sex-rejecting interventions are in the best interest of the child or consistent with the health, safety, and welfare of the child;(B) affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, or prospective foster or adoptive parent is child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to a child's best interests, contrary to a child's health, safety, or welfare, or an indication of parental unfitness or incapacity; or(C) a child’s expression of psychological distress, including a statement or report of suicidal ideation, related to the affirmation of a child’s sex is grounds for removal of the child from the home, intervention by a child welfare agency, or any other adverse State action.(2) Conducting, supporting, or promoting any adverse State action.(3) Providing, facilitating, funding, authorizing, or permitting any sex-rejecting intervention for a child, or referring a child for a sex-rejecting intervention.(4) Removing children from parents, legal guardians, or caregivers and placing children into any home, institution, or other placement setting that facilitates or provides sex-rejecting interventions, or without parental consent, uses pronouns or titles that do not correspond to the child’s sex.(d) Obligations on recipients and subrecipients.— A State, Indian Tribe or Tribal organization, or public or private agency or organization receiving an award under this title, or a recipient of a subgrant of such an award, may not use such award for programs, trainings, or other activities that violate any of the restrictions on uses of funds set forth in subsection (b) or (c).(e) Withholding and recoupment for noncompliance.—(1) Authority to withhold and recover funds.—(A) In general.— If the Secretary determines that any State, Indian Tribe or Tribal organization, or public or private agency or organization, including any recipient of a subgrant, has violated the conditions under subsection (b) or used funds in violation of subsection (c), the Secretary shall disallow the costs associated with such violation, withhold funds as described in subparagraph (B) or recover funds as described in subparagraph (C), as applicable, and impose the applicable penalty amount determined under paragraph (3).(B) Withholding of funds.— In the case of a violation described in subparagraph (A), the Secretary shall withhold from the recipient any future payments or funding tranches not yet disbursed until the Secretary certifies that the violation has been remediated and that the recipient has adopted policies and procedures sufficient to prevent recurrence.(C) Recovery of funds.— In the case of a violation described in subparagraph (A), the Secretary shall recover grant funds already disbursed to the recipient, and such disbursed funds shall constitute a debt to the Federal Government as of the date of the Secretary's written determination of noncompliance, collectible in accordance with parts 200 and 300 of title 2, Code of Federal Regulations (or any successor regulations), including through administrative offset against
The bill says: 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:
Bill text · Current law (42 U.S.C. 5101)
42 U.S.C. 5106c(e)(2)(A)changedby H.R. 10745 Sec. 103(1)
The bill says: in subsection (e)(2)(A), by inserting ", provided the alternative does not violate the limitations set forth in subsection (f)" before the semicolon;
Bill text · Current law (42 U.S.C. 5106c)
42 U.S.C. 5106crenumberedby H.R. 10745 Sec. 103(2)
The bill says: by redesignating subsection (f) as subsection (g); and
Bill text · Current law (42 U.S.C. 5106c)
42 U.S.C. 5106cadded (f)by H.R. 10745 Sec. 103(3)
(f) Limitations.—(1) In general.— No State task force review or recommendation made pursuant to this section shall—(A) recommend any reform of State law, ordinance, regulation, protocol, or procedure that would expand the definition of child abuse, child neglect, parental unfitness or incapacity to encompass a parent's, legal guardian's, or caregiver's affirmation of the child’s sex; or(B) recommend, promote, facilitate or endorse the use of any training program, clinical protocol, or professional standard that is inconsistent with section 115.(2) Withholding and recoupment for noncompliance.— A State task force that issues any recommendation prohibited as described in paragraph (1) shall be deemed to be in noncompliance with this section, and the Secretary shall—(A) withhold any further assistance until such prohibited recommendation is formally rescinded by the State task force and the Secretary certifies that the task force is in compliance with paragraph (1); and(B) if the funds have already been disbursed during the period of noncompliance, recover such funds in accordance with the graduated penalty formula set forth in section 115(e)(3) for the total funds provided for that grant period.
The bill says: by inserting after subsection (e) the following:
Bill text · Current law (42 U.S.C. 5106c)
42 U.S.C. 5106g(a)rewrittenby H.R. 10745 Sec. 104
(a) Definitions.— For purposes of this title:(1)(A) The term adverse State action means any covered action taken by a covered entity, if any of the following was a motivating factor, without regard to how the covered entity characterizes the reason for the covered action:(i) Affirmation of, or intent to affirm, the child's sex by the parent, legal guardian, or caregiver.(ii) The child’s request to be treated in a manner inconsistent with the child's sex or the child's request for, or attempt to obtain, sex-rejecting interventions.(iii) The child’s expression of psychological distress, including suicidal ideation or threat of self-harm, related to affirmation of the child's sex by the parent, legal guardian, or caregiver.(iv) That the child ran away, threatens to run away, or intends to run away from or requests no contact with a parent, legal guardian, or caregiver because of a circumstance described in clause (i), (ii), or (iii).(B) For purposes of subparagraph (A), a covered action includes any of the following:(i) The removal or threat of removal of a child from the home, or the removal or threat of removal of a parent, legal guardian, or caregiver from the home, including removal of the child or such parent, legal guardian, or caregiver pursuant to any safety plan or other protective-services action by a covered entity.(ii) Any assessment, investigation, or inquiry conducted for the purpose of determining the existence of child abuse, neglect, or parental unfitness or incapacity.(iii) Any dependency, child welfare, or juvenile court proceeding, including any investigation, removal proceeding, proceeding to limit or condition the exercise of parental rights, proceeding relating to visitation, proceeding to terminate parental rights, or other related child welfare or court proceeding.(iv) Denying, impeding, interfering with or unreasonably delaying—(I) the parent’s, legal guardian’s, or caregiver’s visitation, communication, or meeting with the child;(II) the parent's, legal guardian's, or caregiver’s scheduled meeting, case conference, or other planned communication with an employee or agent of a covered entity regarding the child; or(III) the return of the child to the parent, legal guardian, or caregiver.(v) The making of any finding or substantiation of child abuse, neglect, or parental unfitness or incapacity.(vi) Any case plan, safety plan, service plan, or reunification plan recommendation or requirement imposed by a covered entity as a condition of visitation, communication, or meeting with a child, reunification, return of a child, or continued family preservation.(vii) The involuntary termination of parental rights to a child or to a sibling of a child.(viii) Placement on a State child abuse registry or index.(ix) The delay or denial of foster-care placement or adoption.(2) The terms affirm, affirmed, and affirmation, with respect to the sex of a child, mean referring to or raising the child, or intending to refer to or raise the child, as his or her sex, including refusing to consent to sex-rejecting interventions for the child.(3) The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).(4) The term caregiver means any person who provides ongoing care, supervision, and decision-making for a child on a regular basis, including a licensed foster parent, kinship caregiver, pre-adoptive foster parent, or person acting in loco parentis, but does not include any person who is a parent or legal guardian.(5) The term covered entity means—(A) an entity that has received funds under this title, directly or as a recipient of a subgrant, including—(i) any State, and any agency of a State that administers child protective services, child welfare services, or related functions;(ii) any Indian Tribe or Tribal organization; or(iii) any public or private agency or organization that contracts with any entity listed in clause (i) or (ii); or(B) any individual who is a contractor, employee, or agent of any of the entities described in subparagraph (A).(6) The term disorder of sex development means a congenital condition involving atypical complement or structure or development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action, but does not include psychological or behavioral conditions, nor typical male or female sex development with distress regarding sexed anatomy.(7) The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).(8) The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965.(9) The term sex means an individual’s immutable biological sex, either—(A) male, whereby the individual naturally has, had, will have, or would have, but for a disorder of sex development or an intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the small gamete (sperm) for fertilization; or(B) female, whereby the individual naturally has, had, will have, or would have, but for a disorder of sex development or an intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the large gamete (ova) for fertilization.(10) The term sex-rejecting intervention—(A) means a psychological, medical, or surgical intervention that is intended to promote, endorse, or enable a child’s rejection of the child’s sex, to promote, endorse, or enable a child to adopt an appearance that does not correspond to the child's sex, or to intentionally change the body of a child, including the child's external appearance or biological functions, to no longer correspond to the child's sex, including—(i) intentionally delaying, halting, or disrupting the natural development of the child’s
The bill says: Subsection (a) of section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended to read as follows:
Bill text · Current law (42 U.S.C. 5106g)
42 U.S.C. 5106i(a)(1)changedby H.R. 10745 Sec. 105(1)
(1) 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
The bill says: in paragraph (1), by striking "; and" and inserting a semicolon;
Bill text · Current law (42 U.S.C. 5106i)
42 U.S.C. 5106i(a)(2)changedby H.R. 10745 Sec. 105(2)
The bill says: in paragraph (2), by striking the period and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 5106i)
42 U.S.C. 5106i(a)added (3)by H.R. 10745 Sec. 105(3)
(3) as establishing a Federal requirement that a parent, legal guardian or caregiver provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; or(4) as establishing that affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, or prospective foster or adoptive parent is child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety or welfare, or indication of parental unfitness or incapacity.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 5106i)
42 U.S.C. 622(b)(15)(A)(vii)changedby H.R. 10745 Sec. 201(a)
(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and
The bill says: in clause (vii), by striking "and" after the semicolon; and
Bill text · Current law (42 U.S.C. 622)
42 U.S.C. 622(b)(15)(A)added (ix)by H.R. 10745 Sec. 201(a)
(ix) the procedures and protocols the State has established to ensure that sex-rejecting interventions are not initiated or continued when a child is removed from the custody, care, or control of the parent or placed in foster care; and
The bill says: by inserting after clause (viii) the following new clause:
Bill text · Current law (42 U.S.C. 622)
42 U.S.C. 622(b)(18)changedby H.R. 10745 Sec. 201(a)
(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of all vulnerable children under 5 years of age who receive benefits or services under this part or part E; and
The bill says: in paragraph (18), by striking "and" after the semicolon;
Bill text · Current law (42 U.S.C. 622)
42 U.S.C. 622(b)(19)(B)changedby H.R. 10745 Sec. 201(a)
The bill says: in paragraph (19)(B), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 622)
42 U.S.C. 622(b)added (20)by H.R. 10745 Sec. 201(a)
(20) provide that no placement of a child for adoption or into foster care is prevented, denied, or delayed because the foster parent, prospective foster parent, or prospective adoptive parent may affirm a child’s sex;(21) provide that children who are 4 years of age or older in foster care placement are housed in accordance with their sex, including—(A) requirements that a foster family home provide either single occupancy or sex-separated multi-occupancy sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other areas in which a child would be in a state of undress when in use by the child;(B) requirements that a child-care institution (including any group home, residential treatment center, shelter, qualified residential treatment program, settings for pregnant or parenting foster youth described in section 472(k)(2)(B), setting for sex trafficking victims described in section 472(k)(2)(D) or other congregate care setting) assign a child to and provide either single occupancy or sex-separated multi-occupancy sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other areas in which a child would be in a state of undress, when in use by the child; and(C) requirements that licensing standards for foster family homes, child-care institutions, or other placement settings, include compliance with this paragraph as a condition of licensure for any foster family home, child-care institution, or other placement setting receiving funds under this part or part E;(22) provide and have in effect policies and procedures, and require any covered entity to have in effect policies and procedures that—(A) protect and promote a child's right to be free from sex-rejecting interventions; and(B) protect, without express parental consent, a child from the use of pronouns or titles that do not correspond to the child’s sex;(23) provide for training for child protective services workers, caseworkers, guardians ad litem, minor’s counsel, court appointed special advocates, judges, other individuals providing services to children and families, foster parents, prospective foster parents, prospective adoptive parents, and parents that includes—(A) the medical, psychological, and developmental harms of sex-rejecting interventions and the harms of using pronouns or titles that do not correspond to the child’s sex;(B) the right of a parent or legal guardian to affirm a child's sex and of a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent to be free from discrimination or adverse State action for affirming or intending to affirm a child's sex;(C) the principle that affirmation of a child's sex by a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent is not child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety, or welfare, or indication of parental unfitness or incapacity;(D) the principle that affirmation of a child’s sex is consistent with the child’s best interests, health, safety, and welfare;(E) the prohibition under this part and part E on—(i) providing, initiating, or continuing sex-rejecting interventions to children in foster care placements; and(ii) without parental consent, the use of pronouns or titles that do not correspond to the child’s sex; and(F) the prohibition under this part and part E on denying and delaying the placement of a child in a foster or adoptive home placement because a foster parent, prospective foster parent or prospective adoptive parent may affirm the child's sex;(24) provide that the State shall have in effect policies and procedures, and require any covered entity to have in effect policies and procedures that protect and promote the right of a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent to be free from discrimination for affirming or intending to affirm a child’s sex and from any adverse State action;(25) provide that the State shall have in effect policies and procedures, and shall require any covered entity to have in effect policies and procedures, that no child, foster parent, prospective foster parent, or prospective adoptive parent may be denied a foster care or adoptive placement because the foster parent, prospective foster parent, or prospective adoptive parent may affirm a child’s sex; and(26) provide that the State shall have in effect policies and procedures that protect and promote the right of children in foster care placements to be free from sex-rejecting interventions and require any covered entity to have in effect policies and procedures that include—(A) requirements ensuring that no child in foster care under the supervision of the State is subjected to sex-rejecting interventions;(B) requirements that no funds under this part or part E shall be used to provide, facilitate, refer, or permit sex-rejecting interventions for any child placed in the covered entity's care;(C) requirements that no foster family home, child-care institution, or other placement setting receiving funds under this part or part E shall provide, facilitate, fund, permit, aid or refer for sex-rejecting interventions for any child placed in the foster family home, child-care institution, or other placement setting;(D) training for child protective service workers, foster care caseworkers, supervisors, foster parents, guardians ad litem, court-appointed special advocates, minor's counsel, judges, and other individuals providing services to children and families, prospective foster parents, prospective adoptive parents, and parents on—(i) the medical, psychological, and developmental harms of sex-rejecting interventions and the harms of using prono
The bill says: by inserting after paragraph (19)(B) the following new paragraphs:
Bill text · Current law (42 U.S.C. 622)
42 U.S.C. 629b(a)(10)changedby H.R. 10745 Sec. 201(b)
(10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations.
The bill says: in paragraph (10), by striking "and" after the semicolon;
Bill text · Current law (42 U.S.C. 629b)
42 U.S.C. 629b(a)(11)changedby H.R. 10745 Sec. 201(b)
The bill says: in paragraph (11), by striking the period at the end and inserting "; and"; and
Bill text · Current law (42 U.S.C. 629b)
42 U.S.C. 629b(a)added (12)by H.R. 10745 Sec. 201(b)
(12) complies with the requirements of paragraphs (20) through (26) of section 422(b), as applicable to the services funded under this subpart.
The bill says: by inserting after paragraph (11), the following new paragraph:
Bill text · Current law (42 U.S.C. 629b)
42 U.S.C. 629kadded 444by H.R. 10745 Sec. 201(c)
444 Limitations on the Secretary; obligations on recipients and subrecipients; noncompliance.—(a) Limitations on the Secretary.— The Secretary shall ensure that no funds provided under this part, including any grants, subgrants and other allocations of funding made pursuant to this part to States, Indian tribes, or tribal organizations, and public and private agencies and organizations, including subrecipients, are used to fund any of the following:(1) Conducting, supporting, or promoting any program, project, curriculum, guidance, protocol or training that—(A) sex-rejecting interventions are in the best interests of the child or consistent with the health, safety, and welfare of the child;(B) affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent is child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to the child’s health, safety or welfare, or indication of parental unfitness or incapacity; or(C) a child’s expression of psychological distress, including a statement or report of suicidal ideation, related to the affirmation of a child’s sex is grounds for removal of the child from the home, intervention by a welfare agency, or any other adverse State action.(2) Discriminating against, or taking an adverse State action against, a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent because such individual affirms, has affirmed, or intends to affirm a child's sex.(3) Conducting, supporting, or promoting any adverse State action.(4) Providing, facilitating, funding, authorizing, permitting for a child, or referring a child for any sex-rejecting intervention.(5) Removing a child from a parent, legal guardian, or caregiver and placing the child in a foster family home, child-care institution, or other placement setting that—(A) provides, permits, or encourages the child to undergo any sex-rejecting intervention; or(B) without parental consent, uses pronouns or titles that do not correspond to the child’s sex.(6) Placing a child in a foster care placement that fails to provide either single occupancy or sex-separated multi-occupancy spaces in compliance with section 422(b)(21).(b) Obligations on recipients and subrecipients.— Any State, Indian tribe or tribal organization, or public and private agency or organization, including any subrecipient that receives funds under this part, shall not use such funds for any program, training, or other activity that violates any of the limitations set forth in subsection (a).(c) Withholding and recoupment for noncompliance.—(1) In general.— If the Secretary determines that any State, Indian tribe, tribal organization, or public or private agency or organization, including any subrecipient, has used funds in violation of the limitations or obligations set forth in subsection (a) or (b), paragraphs (20) through (26) of section 422(b), or section 432(a)(12), or in violation of any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part E, the Secretary shall disallow the costs associated with such violation and shall impose the applicable penalty amount determined under paragraph (2). Such withholding shall apply to any future payments or funding tranches not yet disbursed and shall remain in effect until the Secretary certifies that the violation has been remediated and that the direct recipient has adopted policies and procedures sufficient to prevent recurrence. Recovery shall apply to funds already disbursed, which shall constitute a debt to the Federal Government as of the date of the Secretary’s written determination of noncompliance, collectible in accordance with parts 200 and 300 of title 2, Code of Federal Regulations (or any successor regulation), including through administrative offset against any other Federal payments owed to the entity under this or any other Federal program administered by the Department of Health and Human Services.(2) Direct recipients.—(A) In general.— The direct recipient of funds provided under this part shall be strictly responsible for ensuring compliance with this part by all subrecipients to which it passes such funds, and any violation by a subrecipient shall be attributed to the direct recipient. The penalty amount subject to disallowance, withholding, and recovery under paragraph (1) shall be—(i) for the first finding of violation by the direct recipient within a grant period, 5 percent of the total funds provided to the direct recipient for that grant period;(ii) for the second finding of violation by the direct recipient within a grant period, 10 percent of the total funds provided to the direct recipient for that grant period; and(iii) for the third or any subsequent finding of violation by the direct recipient within a grant period, 15 percent of the total funds provided to the direct recipient under this part for that grant period.(B) Maximum penalty.— In no case shall the total penalty imposed against a single direct recipient for all findings within a single grant period exceed 15 percent of the total funds provided to that direct recipient for that grant period.(C) No waiver.— A penalty required by this subsection is mandatory and the Secretary shall not have any discretion to waive or reduce the penalty applicable except through the appeals process provided in paragraph (3).(3) Appeals.— Appeals from any determination of noncompliance or penalty amount under this subsection shall be governed by part 16 of title 45, Code of Federal Regulations (or any successor regulation). The filing of an appeal shall not stay the withholding of future payments or funding tranches pending resolution of the appeal, but any amounts recovered by the Secretary from already-disbursed funds shall not be collected pending final resolutio
The bill says: Subpart 3 of part B of title IV of the Social Security Act (42 U.S.C. 629k et seq.) is amended by adding at the end the following new sections:
Bill text · Current law (42 U.S.C. 629k)
42 U.S.C. 671(a)(10)(A)changedby H.R. 10745 Sec. 202(a)
(A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard , and which do not violate paragraphs (38) through (42);
The bill says: in subparagraph (A), by inserting ", and which do not violate paragraphs (38) through (42)" after "prudent parenting standard"; and
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(10)(D)changedby H.R. 10745 Sec. 202(a)
(D) that a waiver of any standards established pursuant to subparagraph (A) may be made only on a case-by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care , except that there can be no waiver of the requirements of paragraphs (38) through (42);
The bill says: in subparagraph (D), by inserting ", except that there can be no waiver of the requirements of paragraphs (38) through (42)" after "children in care";
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(15)(A)changedby H.R. 10745 Sec. 202(a)
(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child's health and safety shall be the paramount concern , and that, in determining such reasonable efforts to be made with respect to a child, and in making such reasonable efforts, a parent’s, legal guardian’s, or caregiver’s affirmation of a child’s sex shall be considered in furtherance of the child’s health and safety, and affirmation of a child’s sex, shall not serve as a basis to limit or deny reasonable efforts to preserve and reunify families;
The bill says: in subparagraph (A), by inserting ", and that, in determining such reasonable efforts to be made with respect to a child, and in making such reasonable efforts, a parent’s, legal guardian’s, or caregiver’s affirmation of a child’s sex shall be considered in furtherance of the child’s health and safety, and affirmation of a child’s sex, shall not serve as a basis to limit or deny reasonable efforts to preserve and reunify families" after "paramount concern"; and
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(D)(iii)changedby H.R. 10745 Sec. 202(a)
The bill says: in paragraph (D)(iii), by inserting ", except if the termination was because the parent affirmed the sibling’s sex" after "involuntarily";
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(18)changedby H.R. 10745 Sec. 202(a)
(18) not later than January 1, 1997, (in the case of subparagraphs (A) and (B), and in the case of subparagraph (C), not later than 1 year after the date of enactment of the Yaeli Martinez Child Protection Act) provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may— (A) deny to any person the opportunity to become an adoptive or a…
The bill says: in the matter preceding subparagraph (A), by inserting "(in the case of subparagraphs (A) and (B), and in the case of subparagraph (C), not later than 1 year after the date of enactment of the Yaeli Martinez Child Protection Act)" after "January 1, 1997,";
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(18)(A)changedby H.R. 10745 Sec. 202(a)
(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or
The bill says: in subparagraph (A), by striking "or" after the semicolon;
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(18)(B)changedby H.R. 10745 Sec. 202(a)
The bill says: in subparagraph (B), by adding "or" after the semicolon; and
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(18)added (C)by H.R. 10745 Sec. 202(a)
(C) delay or deny to any person the opportunity to become an adoptive or foster parent because the person may affirm the child’s sex;
The bill says: by inserting after subparagraph (B), the following new subparagraph:
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(22)changedby H.R. 10745 Sec. 202(a)
(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children , and, not later than 1 year after the date of enactment of the Yaeli Martinez Child Protection Act, that comply with paragraphs (38) through (42), and that protect against the use of pronouns or titles, without express parental consent, that do not correspond to the child's sex;
The bill says: in paragraph (22), by inserting ", and, not later than 1 year after the date of enactment of the Yaeli Martinez Child Protection Act, that comply with paragraphs (38) through (42), and that protect against the use of pronouns or titles, without express parental consent, that do not correspond to the child's sex" after "safety and health of the children";
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(36)(D)changedby H.R. 10745 Sec. 202(a)
(D) a description of the steps the State is taking to improve caseworker training or the process, if any; and
The bill says: in paragraph (36)(D), by striking "and" after the semicolon;
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)(37)changedby H.R. 10745 Sec. 202(a)
The bill says: in paragraph (37), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(a)added (38)by H.R. 10745 Sec. 202(a)
(38) provides that the State shall have in effect policies and procedures, and require that any covered entity have in effect policies and procedures that protect and promote the right of a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent to be free from discrimination for affirming or intending to affirm a child’s sex and from any adverse State action;(39) has in effect policies and procedures, and requires any covered entity to have in effect policies and procedures, ensuring that foster care or adoptive placement of a child shall not be denied or delayed because a foster parent, prospective foster parent, or prospective adoptive parent may affirm a child’s sex;(40) provides, and has in effect policies and procedures, and requires any covered entity to have in effect policies and procedures that—(A) protect and promote a child’s right to be free from sex-rejecting interventions, and without express parental consent, protect a child from the use of pronouns or titles that do not correspond to the child’s sex;(B) require ensuring that no child in foster care under the supervision of the State is subjected to sex-rejecting interventions;(C) require that no funds under this part shall be used, for any child placed in the covered entity's care, to provide, facilitate, fund, authorize, permit for the child, or refer the child for, any sex-rejecting intervention;(D) require that no foster family home, child-care institution, or other placement setting receiving funds under this part shall provide, facilitate, fund, permit, aid, or refer sex-rejecting interventions for any child placed in the foster family home, child-care institution, or other placement setting;(E) require training for child protective services workers, foster care caseworkers, supervisors, foster parents, guardians ad litem, court-appointed special advocates, minor’s counsel, judges, and other individuals providing services to children and families, prospective foster parents, prospective adoptive parents, and parents on—(i) the medical, psychological, and developmental harms of sex-rejecting interventions and the harms of using pronouns or titles that do not correspond to the child’s sex;(ii) the right of a parent or legal guardian to affirm a child's sex and the right of a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent to be free from discrimination or adverse State action for affirming or intending to affirm a child’s sex;(iii) the principle that affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent is not child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety or welfare, or indication of parental unfitness or incapacity;(iv) the principle that affirmation of a child’s sex is consistent with the child’s best interests;(v) the prohibition on providing sex-rejecting interventions to children in foster care placements;(vi) the prohibition on the use of pronouns or titles that do not correspond to the child’s sex without the parent’s express consent; and(vii) the prohibition on denying, delaying or conditioning the placement of a child in a foster or adoptive home placement because a foster parent, prospective foster parent, or prospective adoptive parent may affirm the child’s sex; and(F) procedures to prevent sex marker changes (meaning the designation of the child’s sex on any official record, including records maintained under this part or part B) to the child’s records case that differ from the child’s sex, while the child is in foster care;(41) has in effect procedures and requirements ensuring that children who are 4 years of age or older in foster care placements are housed in accordance with their sex, including—(A) requirements that a foster family home provide either single occupancy or sex-separated multi-occupancy sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other areas in which a child would be in a state of undress when in use by the child;(B) requirements that a child-care institution (including any group home, residential treatment center, shelter, qualified residential treatment program, settings for pregnant or parenting foster youth described in section 472(k)(2)(B), setting for sex trafficking victims described in section 472(k)(2)(D) or other congregate care setting) assign the child to and provide either single occupancy or sex-separated multi-occupancy sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other areas in which a child would be in a state of undress, when in use by the child; and(C) requirements that licensing standards for foster family homes, child-care institutions, and other placement settings include compliance with subparagraphs (A) and (B) as a condition of licensure for any foster family home, child-care institution, or other placement setting receiving funds under this part; and(42) has in effect procedures and requirements ensuring that no sex-rejecting interventions are initiated or continued when the child is removed from the custody, care, or control of the parent.
The bill says: by inserting after paragraph (37), the following new paragraphs:
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(e)(4)added (F)by H.R. 10745 Sec. 202(b)
(F) Limitations.— State expenditures for services or programs that facilitate, promote, provide, fund, or authorize sex-rejecting interventions shall not be eligible for a Federal matching payment under section 474(a)(6)(A) and shall not be treated as meeting the requirements of evidence-based or medically-proven practices.
The bill says: in paragraph (4), by adding at the end the following new subparagraph:
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(e)(5)(C)(i)changedby H.R. 10745 Sec. 202(b)
The bill says: in clause (i), by inserting "and does not include promoting, facilitating, or providing sex-rejecting interventions, referring to or treating the child in a manner that does not correspond to the child’s sex, or without express parental consent, using pronouns or titles that do not correspond to the child’s sex" after "strategy for that practice"; and
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 671(e)(5)(C)(ii)changedby H.R. 10745 Sec. 202(b)
The bill says: in clause (ii), by inserting ", except for the requirement that the practice may not include promoting, facilitating, or providing sex-rejecting interventions, referring to or treating the child in a manner that does not correspond to the child’s sex, or without express parental consent, using pronouns or titles that do not correspond to the child’s sex" after "with regard to the practice".
Bill text · Current law (42 U.S.C. 671)
42 U.S.C. 672(a)(2)(A)(i)changedby H.R. 10745 Sec. 202(c)
(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or
The bill says: in clause (i), by striking "or" after the semicolon;
Bill text · Current law (42 U.S.C. 672)
42 U.S.C. 672(a)(2)(A)(ii)changedby H.R. 10745 Sec. 202(c)
The bill says: in clause (ii), by adding "or" after the semicolon; and
Bill text · Current law (42 U.S.C. 672)
42 U.S.C. 672(a)(2)(A)added (iii)by H.R. 10745 Sec. 202(c)
(iii) the limitations and requirements provided in paragraphs (38) through (42) of section 471(a);
The bill says: by inserting after clause (ii), the following new clause:
Bill text · Current law (42 U.S.C. 672)
42 U.S.C. 672(c)(1)(A)(ii)(I)changedby H.R. 10745 Sec. 202(c)
The bill says: in subsection (c)(1)(A)(ii)(I), by inserting "and capable of housing the child in compliance with the requirements of section 471(a)(41)" after "prudent parent standard".
Bill text · Current law (42 U.S.C. 672)
42 U.S.C. 674(d)(1)changedby H.R. 10745 Sec. 202(d)
(1) Reduction for violation of plan requirement; private right of action.— If, during any quarter of a fiscal year, a State's program operated under this part is found, as a result of a review conducted under section 1320a–2a of this title, or otherwise, to have violated paragraph (18) or (23) of section 671(a)…
The bill says: by inserting "Reduction for violation of plan requirement; private right of action.—" before "If, during";
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)(1)changedby H.R. 10745 Sec. 202(d)
The bill says: by striking "or (23) of section 471(a)" and inserting ", (23), (38), (39), (40), (41), or (42) of section 471(a), or any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part B,"; and
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)(1)changedby H.R. 10745 Sec. 202(d)
…title, or otherwise, to have violated paragraph (18) or (23) of section 671(a) of this title with respect to a person or to have failed to implement a corrective action plan within a period of time not to exceed 6 months with respect to such violationviolations of paragraphs (18) and (23) of section 471(a), and not to exceed 30 days with respect to violations of paragraphs (38) through (42) of section 471(a) or of any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part B, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1320a–2a(b)(3) of this title, the Secretary shall reduce the amount otherwise payable to the State under this part, for that fiscal year…
The bill says: by striking "such violation" and inserting "violations of paragraphs (18) and (23) of section 471(a), and not to exceed 30 days with respect to violations of paragraphs (38) through (42) of section 471(a) or of any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part B";
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)(2)changedby H.R. 10745 Sec. 202(d)
(2) (A) Any other entity which is in a State that receives funds under this part and which violates paragraph (18) or (23) of section 671(a) of this title during a fiscal year quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds.
The bill says: by inserting "(A)" after "(2)";
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)(2)changedby H.R. 10745 Sec. 202(d)
The bill says: by striking "or (23) of section 471(a)" and inserting ", (23), (38), (39), (40), (41), or (42) of section 471(a), or any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part B,"; and
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)(2)added (B)by H.R. 10745 Sec. 202(d)
(B) For purposes of this subsection, a failure to comply substantially with paragraph (38), (39), (40), (41), or (42) of section 471(a), or with any right, restriction, limitation, obligation, or condition established under section 479C as applicable to this part or part B, shall be treated as a failure subject to the reductions and remedies provided under this subsection.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674(d)added (5)by H.R. 10745 Sec. 202(d)
(5) Private right of action.—(A) In general.— By accepting funds under this part, the State and any covered entity agree to be bound by the following provisions of this paragraph.(B) Cause of action.— Any parent, legal guardian, caregiver, foster parent, prospective foster parent, prospective adoptive parent, or child who is aggrieved by an adverse State action or, in the case of a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent, a violation of a right protected under section 479C(b), that is alleged to have been taken by a covered entity may bring an action seeking relief from a covered entity in any United States district court regardless of whether the specific operation, division, facility, or program of the covered entity that engaged in such adverse State action was itself funded, in whole or in part, by an award or payment made under this part or part B.(C) Liability of a covered entity for conduct of others.— For purposes of subparagraph (B), a covered entity described in subparagraph (A), (B), or (C) of section 475(19) waives any defense based on the absence of respondeat superior liability, and shall be vicariously liable under this paragraph for any adverse State action or any violation of the right protected under section 479C(b) that is committed by any employee, contractor, or agent of such covered entity, without regard to whether such adverse State action or violation—(i) resulted from an official policy or custom of the covered entity;(ii) was known to any supervisory official of the covered entity; or(iii) was within the scope of such covered entity’s employment, contract, or agency.(D) Rebuttable presumption.— For purposes of any action brought under this paragraph, there is a rebuttable presumption that an adverse State action or a violation of the right protected under section 479C(b) was because of the affirmation of a child’s sex if—(i) a case record, report, petition, recommendation, or other agency or court document includes the affirmation of the child’s sex as a basis for, contributing factor in, or concern related to the adverse State action; or(ii) a recommendation, order, or agreement has been made that a child be removed from a parent, legal guardian, or caregiver and be placed in a foster family home, child-care institution, or other placement setting that—(I) provides, permits, or encourages the child to undergo any sex-rejecting intervention; or(II) without parental consent, uses pronouns or titles that do not correspond to the child’s sex.(E) Rebuttal.— A covered entity bears the burden of rebutting the presumption described in subparagraph (D) by clear and convincing evidence that the affirmation of the child’s sex was not a factor in the adverse State action or violation of the rights protected under section 479C(b).(F) Nonapplication of exhaustion of remedies.— Exhaustion of any State or administrative remedies shall not be required as a condition of bringing an action described in subparagraph (B).(G) Relief.—(i) In general.— As a condition of accepting funds under this part, each of the remedies described in clause (ii) is available to a prevailing parent, legal guardian, caregiver, foster parent, prospective foster parent, prospective adoptive parent, or child in an action brought under this paragraph.(ii) Remedies.— The remedies described in this clause are—(I) declaratory relief;(II) preliminary and permanent injunctive relief, including an order enjoining, vacating, or prohibiting the enforcement of any adverse State action or any violation of the right protected under section 479C(b), notwithstanding section 2283 of title 28, United States Code, except where the covered entity demonstrates by clear and convincing evidence that such relief would create an imminent risk of serious physical harm to the child based on conduct independent of the adverse State action or violation;(III) compensatory damages; and(IV) damages for emotional distress suffered by a parent, legal guardian, caregiver, foster parent, prospective foster parent, prospective adoptive parent, or child.(H) Costs and attorney’s fees.— In any action brought under this paragraph, the court shall award the prevailing parent, legal guardian, caregiver, foster parent, prospective foster parent, prospective adoptive parent, or child costs of litigation and attorney’s fees.(I) Abrogation of qualified immunity.— In any action brought under this paragraph against an employee, contractor, or agent of a covered entity described in subparagraph (D) of section 475(19), qualified immunity shall not be available as a defense. To satisfy the requirement that the law be clearly established at the time of the violation, it is sufficient that the conduct constituted an adverse State action or violated the right protected under section 479C(b). The absence of an express policy, procedure, or protocol by a covered entity described in subparagraph (A), (B), or (C) of section 475(19) shall not preclude a finding that the law was clearly established or that the employee, contractor, or agent of a covered entity described in subparagraph (D) of section 475(19) knew or should have known that the conduct was unlawful.(J) Waiver of sovereign immunity.—(i) State immunity.— A covered entity described in subparagraph (A) of section 475(19), as a condition of accepting funds under this part, shall waive immunity under the Eleventh Amendment to the Constitution of the United States from suit in Federal court for any adverse State action or any violation of the right protected under section 479C(b).(ii) Tribal immunity.— A covered entity described in subparagraph (B) of section 475 (19), as a condition of accepting funds under this part, shall waive immunity from suit in Federal court for any adverse State action or any violation of the right protected under section 479C(b).(iii) Remedies available.— In any action against a State
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 674added (h)by H.R. 10745 Sec. 202(d)
(h) Prohibition on Sex-Rejecting Interventions.— Notwithstanding any other provision of law, no payments shall be made to a State under this part for any amounts expended for sex-rejecting interventions.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (42 U.S.C. 674)
42 U.S.C. 675(1)changedby H.R. 10745 Sec. 202(e)
(A) A description of—(i) the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement, how that placement complies with paragraphs (38) through (42) of section 471(a), and how the placement prohibits, without the express consent of the parent, the use of pronouns or titles that do not correspond to the child’s sex; and(ii) how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 472(a)(2)(A).
The bill says: by striking subparagraph (A) and inserting the following:
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675(1)(C)(vi)changedby H.R. 10745 Sec. 202(e)
(vi) the child's medications; and
The bill says: in clause (vi), by striking "and" after the semicolon;
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675(1)(C)renumberedby H.R. 10745 Sec. 202(e)
The bill says: by redesignating clause (vii) as clause (viii); and
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675(1)(C)added (vii)by H.R. 10745 Sec. 202(e)
(vii) the child's sex; and
The bill says: by inserting after clause (vi), the following new clause:
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675(2)changedby H.R. 10745 Sec. 202(e)
(2) The term "parents" means biological or adoptive parents or legal guardians, as determined by applicable State law.
The bill says: in paragraph (2), by striking ", as determined by applicable State law";
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675(10)(A)changedby H.R. 10745 Sec. 202(e)
(10)(A) The term "reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child and the affirmation of the child as his or her sex, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities.
The bill says: in paragraph (10)(A), by inserting "and the affirmation of the child as his or her sex" after "developmental growth of the child"; and
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 675added (14)by H.R. 10745 Sec. 202(e)
(14)(A) The term adverse State action means any covered action taken by a covered entity if any of the following was a motiving factor, and without regard to how the covered entity characterizes the reason for the covered action:(i) Affirmation of, or intent to affirm, the child’s sex by the parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent.(ii) The child’s request to be treated in a manner inconsistent with the child’s sex, or the child’s request for or attempt to obtain sex-rejecting interventions.(iii) The child’s expression of psychological distress, including suicidal ideation or threat of self-harm, related to affirmation of the child’s sex by the parent, legal guardian, or caregiver.(iv) That the child ran away, threatens to run away, intends to run away from, or requests no contact with, a parent, legal guardian, or caregiver because of a circumstance described in clause (i), (ii), or (iii).(B) For purposes of subparagraph (A), a covered action includes any of the following:(i) The removal or threat of removal of a child from the home, or the removal or threat of removal of a parent, legal guardian, or caregiver from the home, including removal of the child or such parent, legal guardian, or caregiver pursuant to any safety plan or other protective-services action by a covered entity.(ii) Any assessment, investigation, or inquiry conducted for the purpose of determining the existence of child abuse, neglect, or parental unfitness or incapacity.(iii) Any dependency, child welfare, or juvenile court proceeding, including any investigation, removal proceeding, proceeding to limit or condition the exercise of parental rights, proceeding relating to visitation, proceeding to terminate parental rights, or other related child welfare or court proceeding.(iv) Denying, impeding, interfering with, or unreasonably delaying—(I) the parent’s, legal guardian’s, or caregiver’s visitation, communication, or meeting with the child;(II) the parent’s, legal guardian’s, or caregiver’s scheduled meeting, case conference, or other planned communication with an employee or agent of a covered entity regarding the child; or(III) the return of the child to the parent, legal guardian, or caregiver.(v) The making of any finding or substantiation of child abuse, neglect, or parental unfitness or incapacity.(vi) Any case plan, safety plan, service plan, or reunification plan recommendation or requirement imposed by a covered entity as a condition of visitation, communication, or meeting with a child, reunification, return of a child, or continued family preservation.(vii) The involuntary termination of parental rights to a child or to a sibling of a child.(viii) Placement on a State child abuse registry or index.(ix) The delay or denial of foster care placement or adoption.(15) The terms affirmed as his or her sex, affirm a child's sex, affirm the child's sex, affirmation of a child's sex, affirmation of the child's sex, and affirmed the sibling’s sex mean referring to or raising the child, or intending to refer to or raise the child, as his or her sex, including refusing to consent to sex-rejecting interventions for the child.(16) The term disorder of sex development means a congenital condition involving atypical complement or structure or development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action, but does not include psychological or behavioral conditions, nor typical male or female sex development with distress regarding sexed anatomy.(17) The term sex means an individual’s immutable biological sex, either—(A) male, whereby the individual naturally has, had, will have, or would have, but for a disorder of sex development or an intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the small gamete (sperm) for fertilization; or(B) female, whereby the individual naturally has, had, will have, or would have, but for a disorder of sex development or an intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the large gamete (ova) for fertilization.(18) The term sex-rejecting interventions means a psychological, medical, or surgical intervention that is intended to promote, endorse, or enable a child’s rejection of his or her sex, to promote, endorse, or enable a child to adopt an appearance that does not correspond to his or her sex, or to intentionally change the body of a child, including the child’s external appearance or biological functions, to no longer correspond to his or her sex, including— Nothing in this paragraph shall be construed as precluding the treatment of a disorder of sex development or 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), (B), (C), or (D).(A) intentionally delaying, halting, or disrupting the natural development of the child’s body, including the onset or progression of puberty, so that it does not develop or halts developing to correspond to the child’s sex, including but not limited to the use of puberty blocking drugs, such as gonadotropin releasing hormone agonists or antagonists;(B) prescribing, administering, or dispensing to the child androgen blockers or sex hormones such as estrogen, progesterone, or testosterone;(C) prescribing or performing any surgical procedure that attempts to transform the physical appearance or that attempts to alter or remove the tissues, cavities, bone, cartilage, or organs of a child;(D) providing compression materials or garments that are designed to constrict female breasts, or that flatten or tuck a male’s genitals, prosthetic breasts, genitals, or hips, or any other materials that enable the child to conceal his or her sex or to simulate the physical characte
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (42 U.S.C. 675)
42 U.S.C. 677(b)(2)added (G)by H.R. 10745 Sec. 203(1)
(G) Ensure that the programs comply with, and require covered entities receiving funds under this section to comply with, the requirements of paragraphs (38) through (42) of section 471(a) for any youth who has not attained the age of 18 receiving services under this section.(H) Ensure that any provider of transitional or independent living services shall comply with the housing requirements of paragraph (41) of section 471(a) with regard to any youth receiving such services who has not attained the age of 18.
The bill says: in paragraph (2), by adding at the end the following new subparagraphs:
Bill text · Current law (42 U.S.C. 677)
42 U.S.C. 677(b)(3)added (L)by H.R. 10745 Sec. 203(1)
(L) A certification by the chief executive officer of the State that the State’s programs under this section comply with the requirements of paragraphs (38) through (42) of section 471(a) with respect to services provided to any youth who has not attained the age of 18.(M) A certification by the chief executive officer of the State that the State will ensure that any youth who has not attained the age of 18 and who is receiving independent living services funded under this section shall be housed in accordance with the requirements of paragraph (41) of section 471(a).
The bill says: in paragraph (3), by adding at the end the following new subparagraphs:
Bill text · Current law (42 U.S.C. 677)
42 U.S.C. 677added (k)by H.R. 10745 Sec. 203(2)
(k) Limitations.— No amount paid to a State and no amount received by a covered entity with such funds may be used to provide, facilitate, fund, authorize, or permit for a youth, or refer a youth for, any sex-rejecting intervention for any youth who has not attained the age of 18 and who is receiving services funded under this section.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (42 U.S.C. 677)
42 U.S.C. 670added 479Cby H.R. 10745 Sec. 204
479C. Rules of construction; application to funding restrictions under parts B and E.—(a) Affirming a child's sex is not abuse.— In administering, enforcing, or awarding funds under this part or part B, including under section 477, the Secretary shall not treat, and shall ensure that no recipient or subrecipient uses funds awarded under such provisions to treat, affirmation of a child’s sex by a parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent as child abuse, emotional abuse, neglect, maltreatment, abandonment, contrary to the child’s best interests, contrary to a child’s health, safety, or welfare, or as an indication of parental unfitness or incapacity.(b) Condition on receipt of funds; rights protected.— As a condition of receiving funds, including any grants, subgrants, or other allocations, under this part or part B, including under section 477, a covered entity shall protect the following rights and shall not discriminate or take an adverse State action against an individual because such individual exercises, has exercised, or intends to exercise any such right:(1) A parent or legal guardian has the right to affirm a child's sex, including the right for the child not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to—(A) the provision, facilitation, funding, authorization, or permission of any sex-rejecting intervention for the child;(B) the use of pronouns or titles that do not correspond to the child's sex, without the express written consent of such parent or legal guardian; or(C) if the child is 4 years of age or older, being permitted or assigned the use of sleeping quarters (other than sleeping quarters shared only with a sibling), bathrooms, showers, locker rooms, changing rooms, or any other area in which the child would be in a state of undress, with individuals of the opposite sex.(2) A parent or legal guardian has the right not to be required to consent to the child being subjected to any of the actions described in subparagraph (A), (B), or (C) of paragraph (1) as a condition of custody or return of the child, or visitation, communication, or reunification with the child.(3) A parent, legal guardian, caregiver, foster parent, prospective foster parent, or prospective adoptive parent has a right to be free from discrimination or adverse State action for affirming or intending to affirm a child’s sex.(4) A child has the right not to be subjected by any covered entity, even if the child is in the legal or physical custody of the covered entity, to any sex-rejecting intervention.(c) Scope of application.— For purposes of the restrictions on the use of awards under this part or part B, including under section 477, if any covered entity receives funds under either such part or section, directly or as a recipient of a subgrant, contract, or other allocation, the requirements and prohibitions of such restrictions shall apply to all of the operations, divisions, facilities, and programs of that covered entity, regardless of whether the specific operation, division, facility, or program that engages in the conduct described in such restrictions itself received such funds.
The bill says: Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following new section:
Bill text · Current law (42 U.S.C. 670)
42 U.S.C. 678changedby H.R. 10745 Sec. 205(1)
The bill says: by striking "Nothing in this part" and inserting the following:
Bill text · Current law (42 U.S.C. 678)
42 U.S.C. 678added (b)by H.R. 10745 Sec. 205(2)
(b) Compliance with Yaeli Martinez Child Protection Act.— Notwithstanding subsection (a), as a condition of receiving payments under this part, a State shall ensure that determinations concerning the health, safety, and best interests of a child comply with the requirements of, and the amendments made by, the Yaeli Martinez Child Protection Act.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 678)
28 U.S.C. 1738A(a)changedby H.R. 10745 Sec. 301(1)
The bill says: in subsection (a), by striking "subsections (f), (g), and (h)" and inserting "subsections (g) through (j)";
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)renumberedby H.R. 10745 Sec. 301(2)
The bill says: by redesignating paragraphs (8) and (9) as paragraphs (17) and (18), respectively;
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)renumberedby H.R. 10745 Sec. 301(2)
The bill says: by redesignating paragraphs (5), (6), and (7) as paragraphs (11), (12), and (13), respectively;
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)renumberedby H.R. 10745 Sec. 301(2)
The bill says: by redesignating paragraph (4) as paragraph (9);
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)renumberedby H.R. 10745 Sec. 301(2)
The bill says: by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)added (1)by H.R. 10745 Sec. 301(2)
(1) abuse, neglect, mistreatment, abandonment, endangerment, parental unfitness or incapacity, and any other similar claim relating to the health, safety, or welfare of the child, however characterized under the law of the State asserting jurisdiction shall not be construed to include affirming a child’s sex;(2) affirming a child’s sex—(A) means referring to and raising a child, or intending to refer to or raise a child, in accordance with his or her sex, including refusing to consent to sex-rejecting interventions for the child; and(B) shall not be construed as contrary to the best interest of the child or contrary to the child’s safety, health, well-being, or welfare;
The bill says: by inserting before paragraph (3), as so redesignated, the following:
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)added (6)by H.R. 10745 Sec. 301(2)
(6) disorder of sex development—(A) means a congenital condition involving atypical chromosome complement or structure or atypical development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action; and(B) does not include psychological or behavioral conditions or typical male or female sex development with distress regarding sexed anatomy;(7) female means an individual who naturally has, had, will have, or would have but for a disorder of sex development or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the large gamete (commonly known as "ova") for fertilization;(8) foreign State means a State that is not the home State;
The bill says: by inserting after paragraph (5), as so redesignated, the following:
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)added (10)by H.R. 10745 Sec. 301(2)
(10) male means an individual who naturally has, had, will have, or would have but for a disorder of sex development or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes the small gamete (commonly known as "sperm") for fertilization;
The bill says: by inserting after paragraph (9), as so redesignated, the following:
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(b)added (14)by H.R. 10745 Sec. 301(2)
(14) sex means a child’s immutable biological sex, either male or female;(15) sex-rejecting intervention—(A) means a psychological, medical, or surgical intervention that is intended to promote, endorse, or enable a child’s rejection of his or her sex, to promote, endorse, or enable a child to adopt an appearance that does not align with his or her sex, or to intentionally change the body of a child, including the child’s external appearance or biological functions, to no longer correspond to his or her sex, including—(i) intentionally delaying, halting, or disrupting the natural development of the child’s body, including the onset or progression of puberty, so that it does not develop or halts developing to correspond to the child’s sex, including the use of puberty blocking drugs, such as gonadotropin releasing hormone agonists;(ii) prescribing, administering, or dispensing to the child androgen blockers or sex hormones such as estrogen, progesterone, or testosterone;(iii) prescribing or performing any surgical procedure that attempts to transform the physical appearance or that attempts to alter or remove the tissues, cavities, bone, cartilage, or organs of a child;(iv) using pronouns or titles that do not align with the child’s sex;(v) providing compression materials or garments that are designed to constrict female breasts or that flatten or tuck a male’s genitals, prosthetic breasts, genitals, or hips, or any other materials that enable a child to conceal his or her sex or to simulate the physical characteristics of the opposite sex; and(vi) permitting or assigning a child who is not less than 4 years of age to—(I) use sleeping quarters, bathrooms, locker rooms, changing rooms, or other areas in which a child may be in a state of undress that are designated for individuals of the opposite sex; or(II) participate in sex-separated activities designated for individuals of the opposite sex;(B) shall not be construed to include the treatment of a disorder of sex development; and(C) shall not be construed to include emergency medical care for a child, unless the medical care is for 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);(16) sex-rejecting intervention kidnapping law means a State law that permits a foreign State to take temporary or permanent jurisdiction over a child custody or visitation determination because a contestant or a child is seeking a sex-rejecting intervention or a custodial parent is affirming the child’s sex;
The bill says: by inserting after paragraph (13), as so redesignated, the following:
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(c)(2)(A)changedby H.R. 10745 Sec. 301(3)
The bill says: in subparagraph (A), by inserting "with the permission of each custodial parent" after "had been the child’s home State";
Bill text · Current law (28 U.S.C. 1738A)
28 U.S.C. 1738A(c)(2)(B)changedby H.R. 10745 Sec. 301(3)
The bill says: in subparagraph (B), by striking "training" and inserting "education"; and
Bill text · Current law (28 U.S.C. 1738A)