CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 579Introduced by Assembly Member CastilloFebruary 12, 2025 An act to amend Section 3011 of the Family Code, to amend Sections 11165.2, 11165.3, 11165.5, 11165.6, 11165.9, and 11166.05 of, and to add Section 273.2 to, the Penal Code, to add Section 2362 to the Probate Code, and to amend Section 300 of the Welfare and Institutions Code, relating to child abuse or neglect.LEGISLATIVE COUNSEL'S DIGESTAB 579, as introduced, Castillo. Yaelis Law.(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 childs welfare under circumstances indicating harm or threatened harm to the childs 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, Yaelis Law, would clarify that certain actions, including, among other things, using a childs 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, sheriffs 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 attorneys 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 courts 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 childs 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 wards 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 childs 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 attorneys fees and costs to the prevailing party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as Yaelis Law.SEC. 2. Section 3011 of the Family Code is amended to read:3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.SEC. 3. Section 273.2 is added to the Penal Code, to read:273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.SEC. 4. Section 11165.2 of the Penal Code is amended to read:11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.SEC. 5. Section 11165.3 of the Penal Code is amended to read:11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.SEC. 6. Section 11165.5 of the Penal Code is amended to read:11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.SEC. 7. Section 11165.6 of the Penal Code is amended to read:11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.SEC. 8. Section 11165.9 of the Penal Code is amended to read:11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.SEC. 9. Section 11166.05 of the Penal Code is amended to read:11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.SEC. 10. Section 2362 is added to the Probate Code, to read:2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.SEC. 11. Section 300 of the Welfare and Institutions Code is amended to read:300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 579Introduced by Assembly Member CastilloFebruary 12, 2025 An act to amend Section 3011 of the Family Code, to amend Sections 11165.2, 11165.3, 11165.5, 11165.6, 11165.9, and 11166.05 of, and to add Section 273.2 to, the Penal Code, to add Section 2362 to the Probate Code, and to amend Section 300 of the Welfare and Institutions Code, relating to child abuse or neglect.LEGISLATIVE COUNSEL'S DIGESTAB 579, as introduced, Castillo. Yaelis Law.(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 childs welfare under circumstances indicating harm or threatened harm to the childs 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, Yaelis Law, would clarify that certain actions, including, among other things, using a childs 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, sheriffs 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 attorneys 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 courts 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 childs 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 wards 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 childs 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 attorneys fees and costs to the prevailing party.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 579
Introduced by Assembly Member CastilloFebruary 12, 2025
Introduced by Assembly Member Castillo
February 12, 2025
An act to amend Section 3011 of the Family Code, to amend Sections 11165.2, 11165.3, 11165.5, 11165.6, 11165.9, and 11166.05 of, and to add Section 273.2 to, the Penal Code, to add Section 2362 to the Probate Code, and to amend Section 300 of the Welfare and Institutions Code, relating to child abuse or neglect.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 579, as introduced, Castillo. Yaelis Law.
(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 childs welfare under circumstances indicating harm or threatened harm to the childs 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, Yaelis Law, would clarify that certain actions, including, among other things, using a childs 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, sheriffs 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 attorneys 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 courts 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 childs 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 wards 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 childs 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 attorneys fees and costs to the prevailing party.
(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 childs welfare under circumstances indicating harm or threatened harm to the childs 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, Yaelis Law, would clarify that certain actions, including, among other things, using a childs 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, sheriffs 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 attorneys 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 courts 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 childs 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 wards 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 childs 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 attorneys fees and costs to the prevailing party.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as Yaelis Law.SEC. 2. Section 3011 of the Family Code is amended to read:3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.SEC. 3. Section 273.2 is added to the Penal Code, to read:273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.SEC. 4. Section 11165.2 of the Penal Code is amended to read:11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.SEC. 5. Section 11165.3 of the Penal Code is amended to read:11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.SEC. 6. Section 11165.5 of the Penal Code is amended to read:11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.SEC. 7. Section 11165.6 of the Penal Code is amended to read:11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.SEC. 8. Section 11165.9 of the Penal Code is amended to read:11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.SEC. 9. Section 11166.05 of the Penal Code is amended to read:11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.SEC. 10. Section 2362 is added to the Probate Code, to read:2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.SEC. 11. Section 300 of the Welfare and Institutions Code is amended to read:300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as Yaelis Law.
SECTION 1. This act shall be known, and may be cited, as Yaelis Law.
SECTION 1. This act shall be known, and may be cited, as Yaelis Law.
### SECTION 1.
SEC. 2. Section 3011 of the Family Code is amended to read:3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
SEC. 2. Section 3011 of the Family Code is amended to read:
### SEC. 2.
3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) (A) The health, safety, and welfare of the child.(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.(ii) The other parent.(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:
(1) (A) The health, safety, and welfare of the child.
(B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the childs legal name, refers to the child by a pronoun consistent with the childs sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code.
(2) (A) A history of abuse by one parent or any other person seeking custody against any of the following:
(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.
(ii) The other parent.
(iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
(B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, abuse against a child means child abuse and neglect as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means abuse as defined in Section 6203.
(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.
(4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, controlled substances has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.
(B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation.
(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
SEC. 3. Section 273.2 is added to the Penal Code, to read:273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.
SEC. 3. Section 273.2 is added to the Penal Code, to read:
### SEC. 3.
273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.
273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.
273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.
273.2. Notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the childs or wards person or health under Section 273a or 273b.
SEC. 4. Section 11165.2 of the Penal Code is amended to read:11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.
SEC. 4. Section 11165.2 of the Penal Code is amended to read:
### SEC. 4.
11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.
11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.
11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.For(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.
11165.2. As used in this article, neglect means the negligent treatment or the maltreatment of a child by a person responsible for the childs welfare under circumstances indicating harm or threatened harm to the childs health or welfare. The term includes both acts and omissions on the part of the responsible person.
(a) Severe neglect means 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. Severe neglect also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care.
(b) (1) General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. General neglect does not include a parents economic disadvantage.
For
(2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.
(c) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect.
SEC. 5. Section 11165.3 of the Penal Code is amended to read:11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.
SEC. 5. Section 11165.3 of the Penal Code is amended to read:
### SEC. 5.
11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.
11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.
11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.
11165.3. (a) As used in this article, the willful harming or injuring of a child or the endangering of the person or health of a child, means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.
(b) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health.
SEC. 6. Section 11165.5 of the Penal Code is amended to read:11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
SEC. 6. Section 11165.5 of the Penal Code is amended to read:
### SEC. 6.
11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse(b) Abuse or neglect in out-of-home care does not include an any of the following:(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
11165.5. (a) As used in this article, the term abuse or neglect in out-of-home care includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the childs welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. Abuse
(b) Abuse or neglect in out-of-home care does not include an any of the following:
(1) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.
(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
SEC. 7. Section 11165.6 of the Penal Code is amended to read:11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
SEC. 7. Section 11165.6 of the Penal Code is amended to read:
### SEC. 7.
11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:(1) A mutual affray between minors. Child abuse or neglect does not include an(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
11165.6. (a) As used in this article, the term child abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4. Child
(b) For purposes of this section, notwithstanding any other law, child abuse or neglect does not include a any of the following:
(1) A mutual affray between minors. Child abuse or neglect does not include an
(2) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, or treating a child consistent with his or her sex as recorded at birth.
(3) The refusal to consent to, or provide, gender-affirming health care or gender affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, to a child or ward.
(4) An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
SEC. 8. Section 11165.9 of the Penal Code is amended to read:11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
SEC. 8. Section 11165.9 of the Penal Code is amended to read:
### SEC. 8.
11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
11165.9. (a) Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriffs department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received.
(b) If a parent or guardian is investigated by a police department, sheriffs department, or any agency, including child protective services, for suspected child abuse or neglect because the parent or guardian used a childs legal name, referred to a child by a pronoun consistent with the childs sex as recorded at birth, treated a child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
SEC. 9. Section 11166.05 of the Penal Code is amended to read:11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.
SEC. 9. Section 11166.05 of the Penal Code is amended to read:
### SEC. 9.
11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.
11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.
11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.
11166.05. Any (a) A mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self themselves or others, may make a report to an agency specified in Section 11165.9.
(b) Using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage.
SEC. 10. Section 2362 is added to the Probate Code, to read:2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.
SEC. 10. Section 2362 is added to the Probate Code, to read:
### SEC. 10.
2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.
2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.
2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:(a) Omission of necessary medical attendance or remedial care.(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.
2362. Notwithstanding any other law, using a wards legal name, referring to a ward by a pronoun consistent with the wards sex as recorded at birth, treating a ward consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute any of the following:
(a) Omission of necessary medical attendance or remedial care.
(b) The cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury to the ward, or the endangerment of the wards person or health.
(c) Grounds for the removal of the guardian, replacement of the guardian, or termination of the guardianship.
SEC. 11. Section 300 of the Welfare and Institutions Code is amended to read:300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
SEC. 11. Section 300 of the Welfare and Institutions Code is amended to read:
### SEC. 11.
300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:(A) Homelessness or the lack of an emergency shelter for the family.(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.(D) The willful, prolonged failure to provide adequate food. A(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f) The childs parent or guardian caused the death of another child through abuse or neglect.(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As(3) As used in this section, guardian means the legal guardian of the child.(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.
300. A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court court, which may adjudge that person to be a dependent child of the court:
(a) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For
(2) For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For
(3) For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.
(b) (1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:
(A) The failure or inability of the childs parent or guardian to adequately supervise or protect the child.
(B) The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.
(C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.
(D) The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.
(2) A child shall not be found to be a person described by this subdivision solely due to any of the following:
(A) Homelessness or the lack of an emergency shelter for the family.
(B) The failure of the childs parent or alleged parent to seek court orders for custody of the child.
(C) Indigence or other conditions of financial difficulty, including, but not limited to, poverty, the inability to provide or obtain clothing, home or property repair, or childcare.
(3) Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.
(4) The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.
(c) The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.
(d) The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.
(e) (1) The child is under five years of age and has suffered severe physical abuse by a parent, or by any a person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any
(A) A single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any death.
(B) A single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more swelling.
(C) More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the unconsciousness.
(D) The willful, prolonged failure to provide adequate food. A
(2) A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.
(f) The childs parent or guardian caused the death of another child through abuse or neglect.
(g) The child has been left without any a provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.
(j) (1) The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.
It
(2) It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.
As
(3) As used in this section, guardian means the legal guardian of the child.
(k) For purposes of this article, notwithstanding any other law, using a childs legal name, referring to a child by a pronoun consistent with the childs sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, are not sufficient to adjudge the child to be a dependent child of the court, remove the child from the parents or guardians custody, or terminate parental rights.
(l) If a parent or guardian has their child removed or adjudged a dependent of the court because the parent or guardian used the childs legal name, referred to the child by a pronoun consistent with the childs sex as recorded at birth, treated the child consistent with his or her sex as recorded at birth, or refused to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2, the parent, legal guardian, or child shall have a private right of action against the individual or entity investigating the parent or guardian for damages and any equitable relief as the court may determine is justified. The court may also award reasonable attorneys fees and costs to the prevailing party.