NY State Senate Bill 2023-S7506

Senate Bill S7506

2023-2024 Legislative Session

Relates to certain prohibitions regarding the legal system and gender-affirming care

download bill text pdf

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2023	referred to children and families

2023-S7506 (ACTIVE) - Details

See Assembly Version of this Bill:: A7687
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §659, Fam Ct Act (as proposed in S.2475-B & A.6046-B); amd §§76, 76-c, 76-f, 76-g & 77-l, Dom Rel L

2023-S7506 (ACTIVE) - Summary

Declares that a law authorizing a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care is against the public policy of this state; relates to forum in domestic relations cases.

2023-S7506 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7506

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the family court act and the domestic relations law, in
relation to gender-affirming care

 
PURPOSE:

Relates to certain prohibitions regarding the legal system and gender-
affirming care

 
SUMMARY OF PROVISIONS:

Section 1 amends the family court act and other laws relation to
gender-affirming care to state that a law that authorizes a child to be
removed from their parent on the basis of gender-affirming care is
against the public policy of this state.

Section 2 adds a new subdivision 4 to section 76 of the domestic
relations law in relation to the presence of a child in the state to

receive gender-affirming care

Section 3 amends subdivision 1 of section 76-c of the domestic relations
law with regard to a child's presence in the state due to their inabili-
ty to receive gender-affirming care.

Section 4 adds a new subdivision 3 of section 76-f of the domestic
relations law with regard to a forum determination on the basis of
gender-affirming care.

Section 5 amends subdivision 4 of 76-g for the purposes of gender-af-
firming care

Section 6 amends section 77-1 of the domestic relations law to incorpo-
rates provisions around the removal of a child from their parent or
guardian based on gender-affirming care.

Section 7 adds severability.

Section 8 is the effective date.

 
JUSTIFICATION:

Across the country, states are proposing criminal sentences for parents
who allow their kids to receive gender-affirming care and for physicians
who provide it. As of March 2023, some estimates showed that 144,00
transgender youth lost or remain at risk of losing access to crucial
care because of these state bans and policies. Research shows that
access to gender-affirming care for transgender young people reduces
risk for depression, psychological distress, and suicidal ideation.
Transgender young people already face extreme barriers when it comes to
getting the care they need, from stigma, to discrimination, systemic
hurdles, and lack of insurance coverage for care. This legislation will
make New York a haven for transgender kids and families whose rights are
under attack nationwide by ensuring that kids cannot be separated from
their parent or guardian for their help in getting their kid gender
affirming care,
While states across the country criminalize and roll back access to
gender affirming care, New York continues to pass progressive policies
that expand access to gender affirming care. This bill will help New
York combat state policies that attempt to ban gender affirming care and
punish kids, their families, and their providers beyond their borders.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2023-S7506 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7506
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act and the domestic relations law,  in
   relation to gender-affirming care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 659 of the family  court  act,  as
 added by a chapter of the laws of 2023 amending the family court act and
 other laws relating to gender-affirming care, as proposed in legislative
 bills numbers S. 2475-B and A. 6046-B, is amended to read as follows:
   1. A law [of another state] that authorizes a child to be removed from
 their  parent or guardian based on the parent or guardian allowing their
 child to receive gender-affirming care IS AGAINST THE PUBLIC  POLICY  OF
 THIS  STATE  AND shall not be enforced or applied in a case pending in a
 court in this state.
   § 2. Section 76 of the domestic relations law is amended by  adding  a
 new subdivision 4 to read as follows:
   4.  THE PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF OBTAINING
 GENDER-AFFIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED  THIRTY-
 ONE-B  OF  THE  EDUCATION LAW, IS SUFFICIENT TO MEET THE REQUIREMENTS OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
   § 3. Subdivision 1 of section 76-c of the domestic relations  law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1.  A  court of this state has temporary emergency jurisdiction if the
 child is present in this state and:
   (A) the child has been abandoned [or];
   (B) it is necessary in an emergency to protect the child, a sibling or
 parent of the child; OR
   (C) THE CHILD IS PRESENT IN THIS STATE  BECAUSE  THE  CHILD  HAS  BEEN
 UNABLE TO OBTAIN GENDER-AFFIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE
 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11693-01-3

 S. 7506                             2
 
   §  4.  Subdivisions  3 and 4 of section 76-f of the domestic relations
 law are renumbered subdivisions 4 and 5, and  a  new  subdivision  3  is
 added to read as follows:
   3. IN A CASE WHERE THE PROVISION OF GENDER-AFFIRMING CARE TO THE CHILD
 IS  AT  ISSUE,  A  COURT OF THIS STATE SHALL NOT DETERMINE THAT IT IS AN
 INCONVENIENT FORUM AND MUST FIND THAT IT IS  A  MORE  APPROPRIATE  FORUM
 WHERE  THE  LAW  OR POLICY OF THE OTHER STATE THAT MAY TAKE JURISDICTION
 LIMITS THE ABILITY OF A PARENT TO OBTAIN GENDER-AFFIRMING CARE FOR THEIR
 CHILD.  FOR THE PURPOSES OF THIS SECTION,  "GENDER-AFFIRMING  CARE"  HAS
 THE  SAME MEANING AS DEFINED BY SECTION SIXTY-FIVE HUNDRED THIRTY-ONE OF
 THE EDUCATION LAW.
   § 5. Subdivision 4 of section 76-g of the domestic relations  law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   4.  In  making  a  determination under this section, a court shall not
 consider as a factor weighing against the petitioner any taking  of  the
 child, or retention of the child after a visit or other temporary relin-
 quishment of physical custody, from the person who has legal custody, if
 there  is  evidence  that  the  taking  or retention of the child was to
 protect the petitioner from domestic violence or the  child  or  sibling
 from  mistreatment or abuse, OR FOR THE PURPOSES OF OBTAINING GENDER-AF-
 FIRMING CARE, AS DEFINED BY SECTION SIXTY-FIVE HUNDRED  THIRTY-ONE-B  OF
 THE  EDUCATION  LAW,  FOR  THE  CHILD AND THE LAW OR POLICY OF THE OTHER
 STATE LIMITS THE ABILITY OF A PARENT TO OBTAIN GENDER-AFFIRMING CARE FOR
 THEIR CHILD.
   § 6. Section 77-l of the domestic relations law, as added  by  chapter
 386 of the laws of 2001, is amended to read as follows:
   §  77-l.  1.  Recognition and enforcement. A court of this state shall
 accord full faith and credit to an order issued  by  another  state  and
 consistent  with  this  article  which enforces a child custody determi-
 nation by a court of another state unless the order  has  been  vacated,
 stayed,  or modified by a court having jurisdiction to do so under title
 two of this article, unless recognition and  enforcement  would  violate
 subdivision  one-c  of  section  two  hundred  forty  of this chapter or
 section one thousand eighty-five of the family court act.
   2. (A) A LAW THAT AUTHORIZES A STATE AGENCY TO  REMOVE  A  CHILD  FROM
 THEIR  PARENT OR GUARDIAN BASED ON THE PARENT OR GUARDIAN ALLOWING THEIR
 CHILD TO RECEIVE GENDER-AFFIRMING CARE IS AGAINST THE PUBLIC  POLICY  OF
 THIS  STATE  AND SHALL NOT BE ENFORCED OR APPLIED IN A CASE PENDING IN A
 COURT IN THIS STATE.
   (B) FOR THE PURPOSE OF THIS SUBDIVISION, "GENDER-AFFIRMING CARE" SHALL
 HAVE THE SAME MEANING AS PROVIDED BY SECTION SIXTY-FIVE HUNDRED  THIRTY-
 ONE-B OF THE EDUCATION LAW.
   §  7.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 8. This act shall take effect immediately.

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