New York S 2421: Relates to librarians of school libraries; repealer

Bill Text

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S02421 Summary:

BILL NOS02421 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§76, 76-c, 76-f, 76-g, 77-b, 77-j & 77-l, Dom Rel L

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Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.

Go to top S02421 Actions:

BILL NOS02421 

&nbsp

01/17/2025REFERRED TO CHILDREN AND FAMILIES

Go to topS02421 Committee&nbspVotes:

Go to topS02421 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02421 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2421

 2025-2026 Regular Sessions

 IN SENATE

 January 17, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Children and Families

 AN ACT to amend the domestic relations law, in relation to consideration
 of gender-affirming health care or gender-affirming mental health care
 in child custody cases

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 76 of the domestic relations law is amended by
 2 adding a new subdivision 4 to read as follows:
 3 4. The presence of a child in this state for the purpose of obtaining
 4 gender-affirming health care or gender-affirming mental health care, is
 5 sufficient to meet the requirements of this section and to enable the
 6 court to obtain initial child custody jurisdiction.
 7 § 2. Subdivision 1 of section 76-c of the domestic relations law, as
 8 added by chapter 386 of the laws of 2001, is amended to read as follows:
 9 1. A court of this state has temporary emergency jurisdiction if the
 10 child is present in this state and the child has been abandoned or it is
 11 necessary in an emergency to protect the child because the child, or a
 12 sibling or parent of the child, is subjected to, or threatened with,
 13 mistreatment or abuse, or because the child has been prevented from
 14 obtaining gender-affirming health care or gender-affirming mental health
 15 care.
 16 § 3. Section 76-f of the domestic relations law is amended by adding a
 17 new subdivision 5 to read as follows:
 18 5. In a case where the provision of gender-affirming health care or
 19 gender-affirming mental health care to the child is at issue, a court of
 20 this state shall not determine that it is an inconvenient forum where
 21 the law or policy of the other state that may take jurisdiction limits
 22 the ability of a parent to obtain gender-affirming health care or
 23 gender-affirming mental health care for their child.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06095-01-5

 S. 2421 2

 1 § 4. Subdivision 4 of section 76-g of the domestic relations law, as
 2 added by chapter 386 of the laws of 2001, is amended to read as follows:
 3 4. In making a determination under this section, a court shall not
 4 consider as a factor weighing against the petitioner any taking of the
 5 child, or retention of the child after a visit or other temporary relin-
 6 quishment of physical custody, from the person who has legal custody, if
 7 there is evidence that the taking or retention of the child was to
 8 protect the petitioner from domestic violence or [the child or sibling
 9 from mistreatment or abuse] for the purposes of obtaining gender-affirm-
 10 ing health care or gender-affirming mental health care for the child and
 11 the law or policy of the other state limits the ability of a parent to
 12 obtain gender-affirming health care or gender-affirming mental health
 13 care for their child.
 14 § 5. Section 77-b of the domestic relations law is amended by adding
 15 two new subdivisions 3 and 4 to read as follows:
 16 3. Notwithstanding the provisions of subdivision one of this section,
 17 a law of another state that authorizes a child to be removed from their
 18 parent or guardian based on the parent or guardian allowing their child
 19 to receive gender-affirming health care or gender-affirming mental
 20 health care is against the public policy o