S. 5593: Yaeli Martinez Child Protection Act

This bill would change how child welfare agencies handle cases involving a parent’s or child’s sex, gender identity, and related medical care. It would prevent agencies from treating certain parental actions as abuse or neglect, and it would place conditions on federal child welfare funding.

What agencies could not treat as abuse

The bill would stop child welfare agencies from using a parent’s or guardian’s:

• support for a child’s sex transition or “sex-affirming” care,
• use of a child’s chosen name or pronouns, or
• refusal to provide or allow “sex-rejecting” interventions

as the basis for finding abuse or neglect, removing a child, blocking reunification, limiting visitation, or otherwise taking adverse action in a child welfare case.

Changes to child welfare proceedings

The bill defines “covered actions” broadly. These would include things like:

• child removal decisions,
• abuse or neglect investigations,
• court proceedings involving child welfare,
• denial of visitation or return of a child,
• case plans and services,
• termination of parental rights,
• placement on abuse registries, and
• delays in foster care or adoption placement.

The bill would prohibit using a parent’s refusal to support “sex-rejecting” interventions as a reason for these actions.

Federal funding conditions

To receive certain federal child welfare funds, states, tribes, and other covered entities would have to follow new rules. These would require them to:

• protect a parent’s ability to affirm a child’s sex or gender identity,
• not treat support for “sex-affirming” care as abuse,
• not require or fund “sex-rejecting” interventions for minors under the child welfare system, and
• follow sex-based placement and recordkeeping rules for children in foster care or related settings.

If they do not comply, they could risk losing federal funding tied to child welfare programs.

Rights to sue and enforcement

The bill would create a federal right for parents, guardians, and possibly children affected by these actions to sue in court if a child welfare agency violates the law. It would allow claims for:

• money damages,
• injunctions or court orders to stop the conduct,
• attorneys’ fees and costs,
• federal court jurisdiction, and
• waiver or limitation of certain governmental immunity defenses.

It would also create reporting and enforcement mechanisms tied to compliance with the new requirements.

Effect on custody and foster care rules

The bill would also alter how custody-related and foster care decisions are handled when sex-related issues are involved. It would require child welfare programs to separate placements and records by sex in the way the bill specifies, and it would direct agencies to avoid using refusal of “sex-rejecting” interventions as a reason to interfere in parental rights or custody decisions.

Relevant Companies

None found