S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6993
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1.  Section  76  of  the domestic relations law is amended by
 adding a new subdivision 4 to read as follows:
   4. THE PRESENCE OF A CHILD IN THIS STATE FOR THE PURPOSE OF  OBTAINING
 GENDER-AFFIRMING  HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH CARE, IS
 SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SECTION AND  TO  ENABLE  THE
 COURT TO OBTAIN INITIAL CHILD CUSTODY JURISDICTION.
   §  2.  Subdivision 1 of section 76-c of the domestic relations law, as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1. A court of this state has temporary emergency jurisdiction  if  the
 child is present in this state and the child has been abandoned or it is
 necessary  in  an emergency to protect the child BECAUSE THE CHILD, OR a
 sibling or parent of the child, IS SUBJECTED  TO,  OR  THREATENED  WITH,
 MISTREATMENT  OR  ABUSE,  OR  BECAUSE  THE CHILD HAS BEEN PREVENTED FROM
 OBTAINING GENDER-AFFIRMING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH
 CARE.
   § 3. Section 76-f of the domestic relations law is amended by adding a
 new subdivision 5 to read as follows:
   5. IN A CASE WHERE THE PROVISION OF GENDER-AFFIRMING  HEALTH  CARE  OR
 GENDER-AFFIRMING MENTAL HEALTH CARE TO THE CHILD IS AT ISSUE, A COURT OF
 THIS  STATE  SHALL  NOT DETERMINE THAT IT IS AN INCONVENIENT FORUM WHERE
 THE LAW OR POLICY OF THE OTHER STATE THAT MAY TAKE  JURISDICTION  LIMITS
 THE  ABILITY  OF  A  PARENT  TO  OBTAIN  GENDER-AFFIRMING HEALTH CARE OR
 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
              

 
   § 4. Subdivision 4 of section 76-g of the domestic relations  law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   4.  In  making  a  determination under this section, a court shall not
 consider as a factor weighing against the petitioner any taking  of  the
 child, or retention of the child after a visit or other temporary relin-
 quishment of physical custody, from the person who has legal custody, if
 there  is  evidence  that  the  taking  or retention of the child was to
 protect the petitioner from domestic violence or [the child  or  sibling
 from mistreatment or abuse] FOR THE PURPOSES OF OBTAINING GENDER-AFFIRM-
 ING HEALTH CARE OR GENDER-AFFIRMING MENTAL HEALTH CARE FOR THE CHILD AND
 THE  LAW  OR POLICY OF THE OTHER STATE LIMITS THE ABILITY OF A PARENT TO
 OBTAIN GENDER-AFFIRMING HEALTH CARE OR  GENDER-AFFIRMING  MENTAL  HEALTH
 CARE FOR THEIR CHILD.
   §  5.  Section 77-b of the domestic relations law is amended by adding
 two new subdivisions 3 and 4 to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 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.
   4.  A COURT OF THIS STATE HAS JURISDICTION TO VACATE, STAY OR MODIFY A
 CHILD CUSTODY DETERMINATION OF A COURT OF ANOTHER STATE WHICH FAILED  TO
 RECOGNIZE  A  CHILD'S  RIGHT  TO RECEIVE GENDER-AFFIRMING HEALTH CARE OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   § 6. Subdivision 1 of section 77-j of the domestic relations  law,  as
 added by chapter 386 of the laws of 2001, is amended to read as follows:
   1. Upon the filing of a petition seeking enforcement of a child custo-
 dy determination, the petitioner may 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. AS USED IN THIS SECTION,  "SERIOUS PHYSICAL HARM"  DOES
 NOT  INCLUDE  THE  PROVISION  OF  GENDER-AFFIRMING  HEALTH  CARE  AND/OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   § 7. Section 77-l of the domestic relations law, as added  by  chapter
 386 of the laws of 2001, is amended to read as follows:
   §  77-l.  Recognition  and enforcement. 1. A court of this state shall
 accord full faith and credit to an order issued  by  another  state  and
 consistent  with  this  article  which enforces a child custody determi-
 nation by a court of another state unless the order  has  been  vacated,
 stayed,  or modified by a court having jurisdiction to do so under title
 two of this article, unless recognition and  enforcement  would  violate
 subdivision  one-c  of  section  two  hundred  forty  of this chapter or
 section one thousand eighty-five of the family court act.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 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.
   3.  A COURT OF THIS STATE HAS JURISDICTION TO VACATE, STAY OR MODIFY A
 CHILD CUSTODY DETERMINATION OF A COURT OF ANOTHER STATE WHICH FAILED  TO
 RECOGNIZE  A  CHILD'S  RIGHT  TO RECEIVE GENDER-AFFIRMING HEALTH CARE OR
 GENDER-AFFIRMING MENTAL HEALTH CARE.
   § 8. This act shall take effect immediately.