This bill prohibits the enforcement of an order based on another state's law authorizing a child to be removed from the child's parent or guardian based on that parent or guardian allowing the child to receive gender-affirming health care or gender-affirming mental health care. The bill prohibits a court from finding that it is an inconvenient forum if the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain gender-affirming health care or gender-affirming mental health care for a child and the provision of that care is at issue in the case before the court. The bill authorizes a court to take temporary jurisdiction because a child has been unable to obtain gender-affirming health care or gender-affirming mental health care. The bill prohibits a court from considering the taking or retention of a child from a person who has legal custody of the child if the taking or retention was for obtaining gender-affirming health care or gender-affirming mental health care for the child. The bill prohibits a health care practitioner, health care facility or state-designated statewide health information exchange from releasing medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to a criminal or civil action, including a foreign subpoena, based on another state's law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care. The bill prohibits law enforcement agencies from knowingly making or participating in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant based on
44 another state's law against providing, receiving or allowing a child to receive gender-
45 affirming health care or gender-affirming mental health care in this State.

Statutes affected:
Bill Text LD 1735, HP 1114: 19-A.1748, 22.1711