(1) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law defines “neglect” for these purposes as the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s welfare. Existing law defines “severe neglect” for these purposes as the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. Existing law also defines “severe neglect” to mean those situations of neglect where a person having the care of custody of a child willfully permits the person or health of the child to be placed in a situation such that their person or health is endangered, as defined.

This bill, Yaeli’s Law, would clarify that certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, are not child abuse or neglect, do not constitute unjustifiable physical pain, mental suffering, or endangerment of health, and do not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage. The bill would create a private right of action for a parent or guardian who is investigated by a police department, sheriff’s department, or any agency against an individual or entity, as specified. The bill would authorize the court to award, in addition to damages and equitable relief, reasonable attorney’s fees and costs to the prevailing party.

(2) Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents, and consistent with specified findings, including that the court’s primary concern must be to ensure the health, safety, and welfare of the child.

This bill would specify that the health, safety, and welfare of a child does not include certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care.

(3) Existing law, the Guardianship-Conservatorship Law, generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law places a ward in the care, custody, and control of a guardian, as specified. Existing law gives a guardian the same rights to consent to medical treatment as a parent having legal custody of a child. Under existing law, a guardian may consent to surgery to be performed on their ward, as specified.

This bill would specify that certain actions, including, among other things, using a ward’s legal name, referring to a ward by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, do not constitute omission of necessary medical attendance or remedial care, the cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury, or grounds for removal of the guardian, replacement of the guardian, or termination of the guardianship.

(4) Existing law specifies certain conditions, including when a child has suffered, or there is a substantial risk of suffering, serious physical harm, as defined, that place the child within the jurisdiction of the court, which may adjudge the child to be a dependent child of the court, if the child comes within any of those conditions.

This bill would specify that certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, are not sufficient to adjudge a child to be a dependent child of the court. The bill would create a private right of action for a parent or guardian who has their child removed or adjudged a dependent of the court against an individual or entity, as specified. The bill would authorize the court to award, in addition to damages and equitable relief, reasonable attorney’s fees and costs to the prevailing party.