HB1210: HB1210 Courts; protections for children who adopt an identity that differs from their sex; provide

26 LC 48 1699 House Bill 1210 By: Representatives Kahaian of the 81st, Byrd of the 20th, Dunahoo of the 31st, Washburn of the 144th, and Bonner of the 73rd A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 11 of Title 15 of the O fficial Code of Georgia1 Annotated, relating to general provisions relative to dependenc y proceedings, so as to2 provide for protections for children who adopt an identity that differs from their sex; to3 provide for definitions; to amend Chapter 15 of Title 19 of the Official Code of Georgia4 Annotated, relating to child abuse, so as to provide for protections for children who adopt an5 identity that differs from their sex; to provide for definition s; to provide for parental6 protections against abuse allegations; to amend Title 49 of the Official Code of Georgia7 Annotated, relating to social services, so as to provide for th e right to exercise religious8 beliefs or other strongly held beliefs of certain caregivers; t o provide for certification; to9 provide for same sex placement for children in the custody of the state; to amend Chapter 110 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative11 to state government, so as to provide limitations for state emp loyees and contractors12 regarding a parent-child relationship; to provide for contracti ng; to provide for related13 matters; to provide for severability; to repeal conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 1210 - 1 - 26 LC 48 1699 SECTION 1.16 Part 1 of Article 3 of Chapter 11 of Title 15 of the Official C ode of Georgia Annotated,17 relating to general provisions relative to dependency proceedings, is amended by adding a18 new Code section to read as follows:19 "15-11-114.20 (a) As used in this Code section, the term:21 (1) 'Affirming' with regard to a child's sex shall have the sa me meaning as set forth in22 Code Section 19-15-8.23 (2) 'Sex' shall have the same meaning as set forth in Code Section 19-15-8.24 (b) Parents shall have the fundamental right to direct the care and upbringing of their child,25 including affirming their child's sex. In no event in any cust ody or dependency26 proceedings shall a parent, guardian, or legal custodian's actions affirming a child's sex be27 considered abuse; neglect; not in the best interests of the child's safety, health, and welfare;28 or grounds for loss of custody or a finding of dependency."29 SECTION 2.30 Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is31 amended by adding a new Code section to read as follows:32 "19-15-8.33 (a) As used in this Code section, the term:34 (1) 'Affirming' with regard to a child's sex means referring t o and raising a child in a35 manner consistent with the child's sex, including, but not limited to:36 (A) Using the child's legal name, referring to the child with pronouns consistent with37 his or her sex, or otherwise affirming a child's sex;38 (B) Making healthcare decisions for the purpose of protecting the child's reproductive39 capacity and mental health, including, but not limited to, declining consent for medical40 or surgical services for the purpose of bodily modification of secondary sex41 H. B. 1210 - 2 - 26 LC 48 1699 characteristics, interrupting the healthy development thereof, or declining consent for42 counseling or other mental health services intended to reinforce a child's feelings that43 he or she possesses an identity that differs from the child's sex; or44 (C) Providing or facilitating mental health services, including counseling and therapy45 that seek to resolve a child's feelings of distress with regard to his or her sex, refrain46 from suggesting that a child may be born in the wrong body, use a child's legal name47 or pronouns consistent with the child's sex, or that do not enc ourage medical48 interventions that modify the child's body in order to align the child's appearance with49 an identity that differs from the child's sex.50 (2) 'Child' shall have the same meaning as set forth in Code Section 15-11-2.51 (3) 'Sex' means a child's biological sex, either:52 (A) Female, meaning an individual who has, had, will have, or, but for a53 developmental or genetic anomaly or historical accident, would have the reproductive54 system capable of producing human ova; or55 (B) Male, meaning an individual who has, had, will have, or, but for a developmental56 or genetic anomaly or historical accident, would have the reproductive system capable57 of producing human sperm.58 (b) In no event shall affirming a child's sex by a parent or legal guardian:59 (1) Be considered or determined to be abuse, neglect, or risk thereof, or be considered60 or determined to create an unsafe environment by any employee, contractor, or volunteer61 of the state, including any social worker, child protection professional, court appointed62 special advocate, guardian ad litem, or other person authorized by any agency or court;63 (2) Serve as a basis for initiating or continuing any investig ation by child protective64 services or any other agency or court or for removal of the chi ld by the state from the65 custody of his or her parent or legal guardian;66 (3) Serve as a basis at any stage to prevent the return of a child to the custody of his or67 her parent or legal guardian, including, but not limited to, circumstances when:68 H. B. 1210 - 3 - 26 LC 48 1699 (A) The child's parent or legal guardian has sought or consent ed to inpatient or69 outpatient treatment for the child's self-harm, or the risk or threat by the child thereof;70 or71 (B) The child, while in inpatient or outpatient treatment, has been referred to or treated72 in a manner inconsistent with his or her sex;73 (4) Limit the parent or legal guardian's authority to make hea lthcare decisions for, or74 have physical access to, a child receiving inpatient or outpatient treatment, whether or not75 such treatment is related to a child's feelings of distress wit h his or her sex or desire to76 adopt an identity that differs from the child's sex; or77 (5) Limit or waive a parent or legal guardian's right to be informed of and consent to or78 refuse a child's participation in any research or study.79 (c) In no event shall a court require a parent or legal guardi an to consent to or facilitate80 social, hormonal, chemical, or surgical interventions designed to alter a child's secondary81 sex characteristics to align the child's appearance with an ide ntity that differs from the82 child's sex."83 SECTION 3.84 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended85 in Chapter 1, relating to general provisions, by adding a new Code section to read as follows:86 "49-1-9.87 (a) As used in this Code section, the term:88 (1) 'Affirming' with regard to a child's sex shall have the sa me meaning as set forth in89 Code Section 19-15-8.90 (2) 'Child' shall have the same meaning as set forth in Code Section 15-11-2.91 (3) 'Sex' shall have the same meaning as set forth in Code Section 19-15-8.92 (b) No prospective or current foster or adoptive parent, kinship care provider, emergency93 placement, or other contracted provider of services to children in the custody of the State94 H. B. 1210 - 4 - 26 LC 48 1699 of Georgia shall be required to perform or undergo any of the following actions, if doing95 so is contrary to such individual's or such provider's religious beliefs, sincerely held beliefs,96 or the religious beliefs of the organization with which such in dividual or provider is97 affiliated:98 (1) Be required to deny, or not affirm, the sex of a child; or99 (2) Be refused the placement or adoption of a child, or suffer the removal of a child, on100 the grounds of affirming a child's sex.101 (c) At the end of each fiscal year, the department and the Department of Juvenile Justice102 shall each certify that, notwithstanding any provision of this Code section, it has no policy103 or practice requiring a prospective or current foster or adopti ve parent, kinship care104 provider, emergency placement, or other contracted provider of services to children to act105 in a manner contrary to the religious beliefs or the sincerely held beliefs of such individual106 or provider."107 SECTION 4.108 Said title is further amended in Article 1 of Chapter 5 of the Official Code of Georgia109 Annotated, relating to children and youth services, by adding a new Code section to read as110 follows:111 "49-5-8.2.112 (a) As used in this Code section, the term:113 (1) 'Child' shall have the same meaning as set forth in Code Section 15-11-2.114 (2) 'Sex' shall have the same meaning as set forth in Code Section 19-15-8.115 (b) When exercising its authority to place a child in accordance with Code Section 49-5-8,116 the department shall ensure any such placement decision shall b e based solely upon the117 child's sex.118 (c) This Code section shall apply to all placements made under the authority of the119 department or pursuant to its exercise of its child protective services authority."120 H. B. 1210 - 5 - 26 LC 48 1699 SECTION 5.121 Chapter 1 of Title 50 of the Official Code of Georgia Annotated , relating to general122 provisions relative to state government, is amended by adding a new Code section to read as123 follows:124 "50-1-15.125 (a) As used in this Code section, the term:126 (1) 'Affirming' with regard to a child's sex shall have the sa me meaning as set forth in127 Code Section 19-15-8.128 (2) 'Child' shall have the same meaning as set forth in Code Section 15-11-2.129 (3) 'Sex' shall have the same meaning as set forth in Code Section 19-15-8.130 (b) While engaged in an official capacity representing the state or while using state funds,131 no employee, contractor, or volunteer of the state shall:132 (1) Encourage any child to adopt an identity that differs from t h e c h i l d ' s s e x o r t o133 undergo medical interventions that modify a child's body to align the child's appearance134 with an identity that differs from the child's sex; or135 (2) Conceal from a parent or legal guardian that a child has requested to adopt an identity136 that differs from the child's sex, including to change the child's official name, pronouns,137 participation in sex separated events or facilities, treatment, or access in a manner that is138 inconsistent with the child's sex.139 (c) The state shall not contract with any entity or individual or conduct any educational or140 training program for any employees, contractors, or volunteers of the state, including any141 court or persons employed or authorized by a court, that:142 (1) Characterizes affirming a child's sex as abuse, neglect, or risk thereof; as creating an143 unsafe environment for the child; or as a basis for loss of cus tody or finding the child144 dependent as provided in Chapter 11 of Title 15;145 (2) Promulgates information, materials, policies, or training suggesting that individuals146 may, through social or medical interventions, change their sex; or147 H. B. 1210 - 6 - 26 LC 48 1699 (3) Promotes or encourages the use of social interventions or medical treatments to148 modify a child's body to align the child's appearance with an identity that differs from the149 child's sex."150 SECTION 6.151 In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,152 or word of this Act shall be declared or adjudged invalid or un constitutional, such153 adjudication shall in no manne r affect the remaining provisions of this Act, which shall154 remain in full force and effect as if the section, subsection, paragraph, subparagraph, item,155 sentence, clause, phrase, or word so declared or adjudged invalid or unconstitutional were156 not originally a part hereof. The General Assembly declares that it would have passed the157 remaining provisions of this Act if it had known that such prov ision or provisions hereof158 would be declared or adjudged invalid or unconstitutional.159 SECTION 7.160 All laws and parts of laws in conflict with this Act are repealed.161 H. B. 1210 - 7 -