Bill > A5180

Introduced Session

This bill establishes certain protections for persons who provide, receive, or allow a child to receive gender-affirming health care. As defined in the bill, "gender-affirming care" means care that focuses on a transgender person's physical, mental, and social health needs and well-being while confirming the person's gender identity, including but not limited to, psychological or psychiatric care, surgery, hormone replacement therapy, and other nonsurgical treatments intended to align certain physical aspects of a person's gender identity. Specifically, the bill amends P.L.2004, c.187 (C.2A:34-53 et seq.), the "Uniform Child Custody Jurisdiction and Enforcement Act" to stipulate that: 1) the presence of the child in this State for the purpose of receiving gender-affirming health care is sufficient for a State court to have jurisdiction to make an initial child custody determination for a child, if the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence (section 13 of P.L.2004, c.147 (C.2A:34-65)); 2) a court of this State has temporary emergency jurisdiction if the child is present in this State and the child is unable to receive gender-affirming health care in the child's home state (section 16 of P.L.2004, c.147 (C. 2A:34-68)); 3) a court of this State is the appropriate forum to exercise jurisdiction in a child custody case when the law or policy of the other state that may take jurisdiction limits the ability of a parent to obtain gender-affirming health care for a child (section 19 of P.L.2004, c.147 (C.2A:34-71)); and 4) in making a determination about whether a court in this State can decline to exercise its jurisdiction over a child custody case, the court cannot consider the taking or keeping of the child from the person who has legal or physical custody or visitation rights as a factor weighing against a petitioner in the case, if there is evidence that taking or keeping the child was so that the child could receive gender-affirming health care (section 20 of P.L.2004, c.147 (C.2A:34-72)). The bill also prohibits the Governor from extraditing a person who: is found in this State; was not in the state making the demand for extradition at the time of the commission of the alleged crime and did not flee; and is charged in the state making the demand for extradition with providing, receiving, or allowing a child to receive gender-affirming health care that is permitted under the laws of this State. Under the bill's provisions, an attorney or counselor at law who practices law in the State is prohibited from responding to any subpoena issued by another state or jurisdiction if the subpoena relates to a violation of that state's or jurisdiction's law against a person providing, receiving, or allowing a child to receive gender-affirming health care that is permitted under the laws of this State. The bill also prohibits a State, county, or local law enforcement agency from: 1) knowingly making an, or participating in the, arrest of a person pursuant to an outstanding arrest warrant issued by another state or jurisdiction for a violation of that state's or jurisdiction's law against a person providing, receiving, or allowing a child to receive gender-affirming health care that is permitted under the laws of this State; and 2) cooperating with, or responding to, an inquiry from another state or jurisdiction about a person providing, receiving, or allowing a child to receive gender-affirming health care that is permitted under the laws of this State. Under the bill, any law or judicial ruling of another state or jurisdiction authorizing a state agency to remove a child from the care and custody of the child's parent or guardian as a result of the parent or guardian allowing the child to receive gender-affirming health care cannot be enforced by a court of this State. The bill's provisions bar a health care facility licensed pursuant to pursuant to P.L.1971, c.136 (C.26:3H-2 et seq.) and a health care professional licensed pursuant to Title 45 or Title 52 of the Revised Statutes from providing the medical records of any child seeking or receiving gender-affirming health care in furtherance of any interstate investigation or proceeding, based on another state's law, seeking to impose civil or criminal liability upon a person or entity for: 1) the provision, receipt, or seeking of, or inquiring or responding to an inquiry about, the person providing gender-affirming health care to a child that is permitted under the laws of this State; or 2) assisting, advising, aiding, abetting, facilitating, soliciting, or conspiring with any person or entity providing, receiving, seeking, or inquiring or responding to an inquiry about, the person providing gender-affirming health care to a child that is permitted under the laws of this State. A health care facility or health care professional would be required to provide the medical records of any child seeking or receiving gender-affirming health care in the furtherance of an investigation or proceeding if the conduct subject to potential liability under the investigation or proceeding would be subject to liability under New Jersey law if committed in New Jersey, or if the provision of such medical records is necessary for a person to engage in conduct otherwise prohibited by the bill in order to comply with a valid order issued by a court with jurisdiction over the person, or to comply with applicable provisions of State or federal law. As defined in the bill: "person" means an individual, any State, county, or local governmental entity or instrumentality, a, partnership, an association, a limited liability company, or a corporation.

Committee Categories

Mila Jasey (D)*,  Raj Mukherji (D)*, 

Introduced, Referred to Assembly Health Committee (on 02/13/2023)

Official Document