•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06993 Summary:

BILL NOA06993
 
SAME ASSAME AS S08704
 
SPONSORBurdick
 
COSPNSR
 
MLTSPNSR
 
Amd 76, 76-c, 76-f, 76-g, 77-b, 77-j & 77-l, Dom Rel L
 
Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.
Go to top    

A06993 Actions:

BILL NOA06993
 
05/10/2023referred to judiciary
01/03/2024referred to judiciary
Go to top

A06993 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6993
 
SPONSOR: Burdick
  TITLE OF BILL: An act to amend the domestic relations law, in relation to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases   PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits the enforcement of an order based on another state's law authorizing a child to be removed from their parent or guardian based on that parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care.   SUMMARY OF PROVISIONS: Section 1 amends the domestic relations Law by adding subdivision 4, relating to jurisdiction of state courts regarding children seeking gender-affirming care. Section 2 amends section 76-c of the domestic relations law relating to emergency jurisdiction to protect a child or siblings of a child seeking gender-affirming care. Section 3 amends section 76-f of the domestic relations law to clarify jurisdiction inconvenience of a forum. Section 4 amends section 76-g of the domestic relations law clarifies that gender-affirming care shall not be considered as a form of abuse that would affect custody issues. Section 5 amends section 77-b of the domestic relations law to assert it is against public policy to remove a child based upon their receiving gender affirming care. Section 6 amends section 77-j of the domestic relations law permitting a petitioner to file a verified application for the issuance of a warrant to take physical custody of the child if the child is at imminent risk of suffering serious physical harm or of removal from this state. Section 7 amends section 77-1 of the domestic relations law to provide that 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 health care or gender-affirming mental health 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. Section 8 Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): New Bill.   JUSTIFICATION: LGBTQ+ individuals and especially transgender children are under attack across the nation with many states introducing and passing laws prohib- iting gender-affirming medical and wellness care. This bill seeks to fill a gap in our domestic relations law so we can protect transgender children from other states awarding custody based on gender affirming care in New York. Other states are introducing and passing legislation claiming that gender affirming care or living with someone who is undergoing gender affirming care is now child abuse. New York cannot permit awarding custody to people who are asserting child abuse based on gender affirm- ing care for the child, a sibling or parent of the child. These states are claiming a jurisdictional right to award custody based on these claims. This bill would prohibit the enforcement of an such an order.. Existing law permits a New York court to decline to exercise its juris- diction if the petitioner has wrongfully taken the child from another state.or engaged in similar reprehensible conduct. This bill would prohibit a court from finding that it is an inconvenient forum where the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain gender-affirming health care or gender-af- firming mental health care and the provision of such care is at issue in the case before the court. This bill would authorize a New York court to assert temporary jurisdiction because a child has been unable to obtain gender-affirming health care. The bill would additionally prohibit a court from considering the taking or retention of a child from a person who has legal custody of the child, if the taking or retention was for obtaining gender-affirming health care or mental health care.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to New York State.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A06993 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6993
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Judiciary
 
        AN ACT to amend the domestic relations law, in relation to consideration
          of gender-affirming health care or gender-affirming mental health care
          in child custody cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  76  of  the domestic relations law is amended by
     2  adding a new subdivision 4 to read as follows:
     3    4. The presence of a child in this state for the purpose of  obtaining
     4  gender-affirming  health care or gender-affirming mental health care, is
     5  sufficient to meet the requirements of this section and  to  enable  the
     6  court to obtain initial child custody jurisdiction.
     7    §  2.  Subdivision 1 of section 76-c of the domestic relations law, as
     8  added by chapter 386 of the laws of 2001, is amended to read as follows:
     9    1. A court of this state has temporary emergency jurisdiction  if  the
    10  child is present in this state and the child has been abandoned or it is
    11  necessary  in  an emergency to protect the child because the child, or a
    12  sibling or parent of the child, is subjected  to,  or  threatened  with,
    13  mistreatment  or  abuse,  or  because  the child has been prevented from
    14  obtaining gender-affirming health care or gender-affirming mental health
    15  care.
    16    § 3. Section 76-f of the domestic relations law is amended by adding a
    17  new subdivision 5 to read as follows:
    18    5. In a case where the provision of gender-affirming  health  care  or
    19  gender-affirming mental health care to the child is at issue, a court of
    20  this  state  shall  not determine that it is an inconvenient forum where
    21  the law or policy of the other state that may take  jurisdiction  limits
    22  the  ability  of  a  parent  to  obtain  gender-affirming health care or
    23  gender-affirming mental health care for their child.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11061-01-3

        A. 6993                             2
 
     1    § 4. Subdivision 4 of section 76-g of the domestic relations  law,  as
     2  added by chapter 386 of the laws of 2001, is amended to read as follows:
     3    4.  In  making  a  determination under this section, a court shall not
     4  consider as a factor weighing against the petitioner any taking  of  the
     5  child, or retention of the child after a visit or other temporary relin-
     6  quishment of physical custody, from the person who has legal custody, if
     7  there  is  evidence  that  the  taking  or retention of the child was to
     8  protect the petitioner from domestic violence or [the child  or  sibling
     9  from mistreatment or abuse] for the purposes of obtaining gender-affirm-
    10  ing health care or gender-affirming mental health care for the child and
    11  the  law  or policy of the other state limits the ability of a parent to
    12  obtain gender-affirming health care or  gender-affirming  mental  health
    13  care for their child.
    14    §  5.  Section 77-b of the domestic relations law is amended by adding
    15  two new subdivisions 3 and 4 to read as follows:
    16    3. Notwithstanding the provisions of subdivision one of this  section,
    17  a  law of another state that authorizes a child to be removed from their
    18  parent or guardian based on the parent or guardian allowing their  child
    19  to  receive  gender-affirming  health  care  or  gender-affirming mental
    20  health care is against the public policy of this state and shall not  be
    21  enforced or applied in a case pending in a court in this state.
    22    4.  A court of this state has jurisdiction to vacate, stay or modify a
    23  child custody determination of a court of another state which failed  to
    24  recognize  a  child's  right  to receive gender-affirming health care or
    25  gender-affirming mental health care.
    26    § 6. Subdivision 1 of section 77-j of the domestic relations  law,  as
    27  added by chapter 386 of the laws of 2001, is amended to read as follows:
    28    1. Upon the filing of a petition seeking enforcement of a child custo-
    29  dy determination, the petitioner may file a verified application for the
    30  issuance of a warrant to take physical custody of the child if the child
    31  is  at  imminent  risk  of suffering serious physical harm or of removal
    32  from this state. As used in this section,  "serious physical harm"  does
    33  not  include  the  provision  of  gender-affirming  health  care  and/or
    34  gender-affirming mental health care.
    35    § 7. Section 77-l of the domestic relations law, as added  by  chapter
    36  386 of the laws of 2001, is amended to read as follows:
    37    §  77-l.  Recognition  and enforcement. 1. A court of this state shall
    38  accord full faith and credit to an order issued  by  another  state  and
    39  consistent  with  this  article  which enforces a child custody determi-
    40  nation by a court of another state unless the order  has  been  vacated,
    41  stayed,  or modified by a court having jurisdiction to do so under title
    42  two of this article, unless recognition and  enforcement  would  violate
    43  subdivision  one-c  of  section  two  hundred  forty  of this chapter or
    44  section one thousand eighty-five of the family court act.
    45    2. Notwithstanding the provisions of subdivision one of this  section,
    46  a  law of another state that authorizes a child to be removed from their
    47  parent or guardian based on the parent or guardian allowing their  child
    48  to  receive  gender-affirming  health  care  or  gender-affirming mental
    49  health care is against the public policy of this state and shall not  be
    50  enforced or applied in a case pending in a court in this state.
    51    3.  A court of this state has jurisdiction to vacate, stay or modify a
    52  child custody determination of a court of another state which failed  to
    53  recognize  a  child's  right  to receive gender-affirming health care or
    54  gender-affirming mental health care.
    55    § 8. This act shall take effect immediately.
Go to top