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S07506 Actions:

BILL NOS07506
 
06/01/2023REFERRED TO CHILDREN AND FAMILIES
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S07506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7506
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. Subdivision 1 of section 659 of the family  court  act,  as
     2  added by a chapter of the laws of 2023 amending the family court act and
     3  other laws relating to gender-affirming care, as proposed in legislative
     4  bills numbers S. 2475-B and A. 6046-B, is amended to read as follows:
     5    1. A law [of another state] that authorizes a child to be removed from
     6  their  parent or guardian based on the parent or guardian allowing their
     7  child to receive gender-affirming care is against the public  policy  of
     8  this  state  and shall not be enforced or applied in a case pending in a
     9  court in this state.
    10    § 2. Section 76 of the domestic relations law is amended by  adding  a
    11  new subdivision 4 to read as follows:
    12    4.  The presence of a child in this state for the purpose of obtaining
    13  gender-affirming care, as defined by section sixty-five hundred  thirty-
    14  one-b  of  the  education law, is sufficient to meet the requirements of
    15  paragraph (b) of subdivision one of this section.
    16    § 3. Subdivision 1 of section 76-c of the domestic relations  law,  as
    17  added by chapter 386 of the laws of 2001, is amended to read as follows:
    18    1.  A  court of this state has temporary emergency jurisdiction if the
    19  child is present in this state and:
    20    (a) the child has been abandoned [or];
    21    (b) it is necessary in an emergency to protect the child, a sibling or
    22  parent of the child; or
    23    (c) the child is present in this state  because  the  child  has  been
    24  unable to obtain gender-affirming care, as defined by section sixty-five
    25  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
 
     1    §  4.  Subdivisions  3 and 4 of section 76-f of the domestic relations
     2  law are renumbered subdivisions 4 and 5, and  a  new  subdivision  3  is
     3  added to read as follows:
     4    3. In a case where the provision of gender-affirming care to the child
     5  is  at  issue,  a  court of this state shall not determine that it is an
     6  inconvenient forum and must find that it is  a  more  appropriate  forum
     7  where  the  law  or policy of the other state that may take jurisdiction
     8  limits the ability of a parent to obtain gender-affirming care for their
     9  child.  For the purposes of this section,  "gender-affirming  care"  has
    10  the  same meaning as defined by section sixty-five hundred thirty-one of
    11  the education law.
    12    § 5. Subdivision 4 of section 76-g of the domestic relations  law,  as
    13  added by chapter 386 of the laws of 2001, is amended to read as follows:
    14    4.  In  making  a  determination under this section, a court shall not
    15  consider as a factor weighing against the petitioner any taking  of  the
    16  child, or retention of the child after a visit or other temporary relin-
    17  quishment of physical custody, from the person who has legal custody, if
    18  there  is  evidence  that  the  taking  or retention of the child was to
    19  protect the petitioner from domestic violence or the  child  or  sibling
    20  from  mistreatment or abuse, or for the purposes of obtaining gender-af-
    21  firming care, as defined by section sixty-five hundred  thirty-one-b  of
    22  the  education  law,  for  the  child and the law or policy of the other
    23  state limits the ability of a parent to obtain gender-affirming care for
    24  their child.
    25    § 6. Section 77-l of the domestic relations law, as added  by  chapter
    26  386 of the laws of 2001, is amended to read as follows:
    27    §  77-l.  1.  Recognition and enforcement. A court of this state shall
    28  accord full faith and credit to an order issued  by  another  state  and
    29  consistent  with  this  article  which enforces a child custody determi-
    30  nation by a court of another state unless the order  has  been  vacated,
    31  stayed,  or modified by a court having jurisdiction to do so under title
    32  two of this article, unless recognition and  enforcement  would  violate
    33  subdivision  one-c  of  section  two  hundred  forty  of this chapter or
    34  section one thousand eighty-five of the family court act.
    35    2. (a) A law that authorizes a state agency to  remove  a  child  from
    36  their  parent or guardian based on the parent or guardian allowing their
    37  child to receive gender-affirming care is against the public  policy  of
    38  this  state  and shall not be enforced or applied in a case pending in a
    39  court in this state.
    40    (b) For the purpose of this subdivision, "gender-affirming care" shall
    41  have the same meaning as provided by section sixty-five hundred  thirty-
    42  one-b of the education law.
    43    §  7.  Severability.  If any clause, sentence, paragraph, subdivision,
    44  section or part of this act shall be adjudged by any court of  competent
    45  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    46  invalidate the remainder thereof, but shall be confined in its operation
    47  to the clause, sentence, paragraph, subdivision, section or part thereof
    48  directly involved in the controversy in which such judgment  shall  have
    49  been rendered. It is hereby declared to be the intent of the legislature
    50  that  this  act  would have been enacted even if such invalid provisions
    51  had not been included herein.
    52    § 8. This act shall take effect immediately.
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