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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of child abuse and neglect and the |
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temporary emergency jurisdiction of a court in this state over a |
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child at risk of receiving certain prohibited gender transitioning |
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or gender reassignment procedures or treatments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Save James Act. |
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SECTION 2. Section 152.204(a), Family Code, is amended to |
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read as follows: |
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(a) A court of this state has temporary emergency |
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jurisdiction if: |
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(1) the child is present in this state and the child |
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has been abandoned or it is necessary in an emergency to protect the |
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child because the child, or a sibling or parent of the child, is |
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subjected to or threatened with mistreatment or abuse; or |
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(2) the child has a parent or person acting as a parent |
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who is present in this state and it is necessary to protect the |
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child from receiving a treatment or procedure prohibited under |
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Section 161.702, Health and Safety Code. |
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SECTION 3. Section 261.001, Family Code, is amended by |
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amending Subdivisions (1) and (4) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or disabled |
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individual under Section 21.02, Penal Code, indecency with a child |
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under Section 21.11, Penal Code, sexual assault under Section |
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22.011, Penal Code, or aggravated sexual assault under Section |
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22.021, Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under |
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Section 43.021, Penal Code, or compelling prostitution under |
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Section 43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
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prevent a child from being trafficked in a manner punishable as an |
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offense under any of those sections; [or] |
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(M) forcing or coercing a child to enter into a |
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marriage; or |
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(N) causing, permitting, encouraging, engaging |
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in, or allowing: |
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(i) a medical intervention intended to |
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affirm a child's perception of the child's gender if that perception |
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is inconsistent with the child's biological sex, including a |
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treatment or procedure prohibited under Section 161.702, Health and |
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Safety Code; or |
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(ii) a psychological or social intervention |
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intended to affirm a child's perception of the child's gender if |
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that perception is inconsistent with the child's biological sex and |
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is: |
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(a) severe or pervasive enough to |
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cause harm to the child's perception of the child's gender or |
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identity; or |
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(b) an intervention by an adult |
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authority figure in the child's life. |
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(1-a) "Abuse" does not include the refusal by a person |
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responsible for a child's care, custody, or welfare to affirm: |
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(A) a child's perception of the child's gender if |
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that perception is inconsistent with the child's biological sex, |
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including a refusal to use a child's preferred name or pronouns if |
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the name or pronouns are inconsistent with the child's biological |
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sex, regardless of whether the child's name has been legally |
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changed; or |
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(B) a child's expressed sexual orientation. |
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(4) "Neglect" means an act or failure to act by a |
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person responsible for a child's care, custody, or welfare |
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evidencing the person's blatant disregard for the consequences of |
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the act or failure to act that results in harm to the child or that |
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creates an immediate danger to the child's physical health or |
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safety and: |
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(A) includes: |
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(i) the leaving of a child in a situation |
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where the child would be exposed to an immediate danger of physical |
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or mental harm, without arranging for necessary care for the child, |
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and the demonstration of an intent not to return by a parent, |
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guardian, or managing or possessory conservator of the child; |
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(ii) the following acts or omissions by a |
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person: |
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(a) placing a child in or failing to |
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remove a child from a situation that a reasonable person would |
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realize requires judgment or actions beyond the child's level of |
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maturity, physical condition, or mental abilities and that results |
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in bodily injury or an immediate danger of harm to the child; |
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(b) failing to seek, obtain, or follow |
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through with medical care for a child, with the failure resulting in |
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or presenting an immediate danger of death, disfigurement, or |
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bodily injury or with the failure resulting in an observable and |
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material impairment to the growth, development, or functioning of |
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the child; |
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(c) the failure to provide a child |
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with food, clothing, or shelter necessary to sustain the life or |
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health of the child, excluding failure caused primarily by |
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financial inability unless relief services had been offered and |
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refused; |
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(d) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to an immediate danger of sexual conduct harmful to the |
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child; or |
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(e) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to acts or omissions that constitute abuse under |
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Subdivision (1)(E), (F), (G), (H), or (K) committed against another |
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child; |
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(iii) the failure by the person responsible |
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for a child's care, custody, or welfare to permit the child to |
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return to the child's home without arranging for the necessary care |
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for the child after the child has been absent from the home for any |
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reason, including having been in residential placement or having |
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run away; or |
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(iv) a negligent act or omission by an |
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employee, volunteer, or other individual working under the auspices |
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of a facility or program, including failure to comply with an |
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individual treatment plan, plan of care, or individualized service |
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plan, that causes or may cause substantial emotional harm or |
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physical injury to, or the death of, a child served by the facility |
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or program as further described by rule or policy; and |
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(B) does not include: |
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(i) the refusal by a person responsible for |
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a child's care, custody, or welfare to permit the child to remain in |
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or return to the child's home resulting in the placement of the |
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child in the conservatorship of the department if: |
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(a) the child has a severe emotional |
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disturbance; |
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(b) the person's refusal is based |
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solely on the person's inability to obtain mental health services |
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necessary to protect the safety and well-being of the child; and |
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(c) the person has exhausted all |
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reasonable means available to the person to obtain the mental |
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health services described by Sub-subparagraph (b); |
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(ii) allowing the child to engage in |
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independent activities that are appropriate and typical for the |
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child's level of maturity, physical condition, developmental |
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abilities, or culture; [or] |
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(iii) a decision by a person responsible |
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for a child's care, custody, or welfare to: |
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(a) obtain an opinion from more than |
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one medical provider relating to the child's medical care; |
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(b) transfer the child's medical care |
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to a new medical provider; or |
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(c) transfer the child to another |
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health care facility; or |
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(iv) the refusal by a person responsible |
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for a child's care, custody, or welfare to affirm: |
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(a) a child's perception of the |
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child's gender if that perception is inconsistent with the child's |
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biological sex, including a refusal to use a child's preferred name |
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or pronouns if the name or pronouns are inconsistent with the |
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child's biological sex, regardless of whether the child's name has |
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been legally changed; or |
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(b) a child's expressed sexual |
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orientation. |
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SECTION 4. This Act takes effect September 1, 2025. |