Title: Parental Right to Protect Act
Policy area: Families

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9507 Introduced in House (IH)]

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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.''.
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