Parental Right to Protect Act

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. 1. Short title This Act may be cited as the Parental Right to Protect Act 2. General definitions Section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 (1) in the matter preceding paragraph (1), by striking Act— Act: (2) in paragraph (1)— (A) by striking the term Child (B) in subparagraph (B), by inserting or as provided in section 115 abuse (C) by striking the semicolon at the end and inserting a period; (3) in paragraph (2)— (A) by striking the term Child abuse and neglect (B) by striking the semicolon at the end and inserting a period; (4) in paragraph (3)— (A) by striking the term Child with a disability (B) by striking the semicolon at the end and inserting a period; (5) in paragraph (4)— (A) by striking the term Governor (B) by striking the semicolon at the end and inserting a period; (6) in paragraph (5)— (A) by striking the terms Indian; Indian tribe; tribal organization (B) by striking the semicolon at the end and inserting a period; (7) in paragraph (6)— (A) by striking the term Secretary (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 State (B) by striking ; and (9) in paragraph (8), by striking the term Unaccompanied homeless youth (10) by adding at the end the following: (9) Biological sex The term biological sex (10) Gender-transition intervention (A) In general Except as provided in subparagraph (B), the term gender-transition intervention (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 (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. 3. Funding prohibition (a) In general Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. 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 . (b) Conforming amendment The table of contents for the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. Sec. 115. Ineligibility for funding. .

Summary: Parental Right to Protect Act This bill makes states ineligible for funds under the Child Abuse Prevention and Treatment Act if the state's child protective services system is permitted to (1) remove a child from the custody of the child's parent or legal guardian because the parent or legal guardian is reluctant or refuses to consent to a gender-transition intervention for the child; or (2) use such reluctance or refusal as evidence of abuse or neglect.