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S 5593 — 119th Congress
Amends the Child Abuse Prevention and Treatment Act (CAPTA) to require states receiving federal child abuse grants to adopt procedures protecting parents who raise children consistent with their biological sex from being reported, investigated, or penalized as abusers. Prohibits the use of Child Abuse Prevention and Treatment Act (CAPTA) funds for gender-transition programs for minors and bars the federal government and grant recipients from treating parental sex-affirmation as abuse, with escalating financial penalties for violations. Bars state child abuse task forces funded under the Child Abuse Prevention and Treatment Act (CAPTA) from recommending that a parent's affirmation of a child's biological sex be classified as abuse or neglect, with grant withholding and recoupment for violations. Creates a new right to sue in federal court for parents or children harmed by child welfare agencies that take action against them for affirming a child's biological sex, with qualified immunity removed, sovereign immunity waived, and damages and attorney's fees available. Amends the Social Security Act to require states to ban gender-transition treatments for children in foster care, mandate sex-based housing in placements, protect caregivers who affirm a child's biological sex from discrimination, and restrict pronoun use without parental consent. Bars use of Social Security Act Title IV-B child welfare funds for gender-transition treatments, programs that treat parental sex-affirmation as abuse, or placements that use opposite-sex pronouns without consent, with escalating penalties and administrative appeals for violations. Creates a federal right to sue for parents, foster parents, and children harmed by child welfare agencies acting against them because of biological sex affirmation, with no exhaustion requirement, qualified immunity removed, sovereign immunity waived, and full damages available. Amends the Social Security Act to add new state plan requirements under the foster care and adoption assistance program, banning gender-transition treatments for foster children, requiring sex-based housing, prohibiting sex-record changes while in care, and protecting caregivers who affirm a child's sex. Adds new rules to the Social Security Act prohibiting the federal government and all fund recipients under the foster care and child welfare programs from treating parental sex-affirmation as abuse, and extends all funding restrictions to every division of any entity receiving those funds. Extends the bill's foster care sex-affirmation requirements to youth under 18 in the John H. Chafee Foster Care Program for Successful Transition to Adulthood, and bars Chafee program funds from being used for gender-transition treatments for minors. Requires states, as a condition of receiving federal foster care and adoption assistance payments, to ensure all child health, safety, and best-interest determinations comply with this Act's requirements regarding biological sex and parental rights. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to define 'sex' as immutable biological sex, 'adverse State action' as child welfare interventions motivated by parental sex-affirmation, and 'covered entity' as any CAPTA fund recipient — establishing binding interpretive limits on all CAPTA administration.
Declares that parents have a fundamental right to raise their child in a manner consistent with the child's biological sex, and prohibits child welfare systems from treating that parental conduct as abuse or neglect.
Adds rules to the Child Abuse Prevention and Treatment Act (CAPTA) stating that parents cannot be required to provide medical treatment contrary to their religious beliefs, and that affirming a child's biological sex cannot be classified as child abuse or neglect under CAPTA.
Amends federal law to bar state courts from taking over child custody cases solely because a parent or child seeks gender-transition treatments, and prohibits courts from finding a parent unfit for raising a child consistent with their biological sex.
Requires courts and agencies to interpret the Act broadly in favor of parental rights and narrowly against government interference, and prohibits classifying parental sex-affirmation as child abuse, neglect, or contrary to the best interest of the child under any provision of the Act.
The exhaustion of any State or administrative remedies is not required as a condition of filing an action described in this section.
Exhaustion of any State or administrative remedies shall not be required as a condition of bringing an action described in subsection (a).
Exhaustion of any State or administrative remedies shall not be required as a condition of bringing an action described in subparagraph (B).
Establishes Congress's official factual and legal findings asserting parental rights to raise children consistent with their biological sex, characterizing gender-affirming interventions as scientifically unsupported, and declaring that federal funds have been misused to undermine those rights.
Establishes Congress's official factual and legal findings asserting parental rights to raise children consistent with their biological sex, characterizing gender-affirming interventions as scientifically unsupported, and declaring that federal funds have been misused to undermine those rights.
This bill sets new rules for how federal child welfare money can be used and how states must run their child welfare programs. It focuses on the rights of parents to raise children according to their biological sex and restricts what child welfare agencies can do when a parent refuses to agree to gender-transition treatments for a child. Among other elements, the bill * bars states and agencies that receive federal child abuse and foster care funding from treating a parent's decision to raise a child as their biological sex as abuse or neglect; * prohibits use of federal child welfare funds for gender-transition medical or psychological treatments for minors in the foster care system; * requires children in foster care to be housed and given bathroom and sleeping facilities based on their biological sex; * creates a new right for parents and children to sue in federal court when a covered agency takes action against them because they refused gender-transition treatments, with qualified immunity removed and damages available; * restricts courts in other states from taking over child custody cases when the only reason is that a parent or child wants to pursue gender-transition treatments; * and imposes financial penalties, including withholding and recovery of federal grants, on states and agencies that violate these conditions.
AI-generated summary, pending human review.
Full bill text rendering is coming soon.
In the meantime, read the full text on Congress.gov ↗.
| Version | Event | Date | User support | Your vote | Roll calls |
|---|---|---|---|---|---|
| Original |
Initial publication
Sep 29, 2026
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Sep 29, 2026 | No votes yet | — | — |
Amends the Child Abuse Prevention and Treatment Act (CAPTA) to require states receiving federal child abuse grants to adopt procedures protecting parents who raise children consistent with their biological sex from being reported, investigated, or penalized as abusers. Prohibits the use of Child Abuse Prevention and Treatment Act (CAPTA) funds for gender-transition programs for minors and bars the federal government and grant recipients from treating parental sex-affirmation as abuse, with escalating financial penalties for violations. Bars state child abuse task forces funded under the Child Abuse Prevention and Treatment Act (CAPTA) from recommending that a parent's affirmation of a child's biological sex be classified as abuse or neglect, with grant withholding and recoupment for violations. Creates a new right to sue in federal court for parents or children harmed by child welfare agencies that take action against them for affirming a child's biological sex, with qualified immunity removed, sovereign immunity waived, and damages and attorney's fees available. Amends the Social Security Act to require states to ban gender-transition treatments for children in foster care, mandate sex-based housing in placements, protect caregivers who affirm a child's biological sex from discrimination, and restrict pronoun use without parental consent. Bars use of Social Security Act Title IV-B child welfare funds for gender-transition treatments, programs that treat parental sex-affirmation as abuse, or placements that use opposite-sex pronouns without consent, with escalating penalties and administrative appeals for violations. Creates a federal right to sue for parents, foster parents, and children harmed by child welfare agencies acting against them because of biological sex affirmation, with no exhaustion requirement, qualified immunity removed, sovereign immunity waived, and full damages available. Amends the Social Security Act to add new state plan requirements under the foster care and adoption assistance program, banning gender-transition treatments for foster children, requiring sex-based housing, prohibiting sex-record changes while in care, and protecting caregivers who affirm a child's sex. Adds new rules to the Social Security Act prohibiting the federal government and all fund recipients under the foster care and child welfare programs from treating parental sex-affirmation as abuse, and extends all funding restrictions to every division of any entity receiving those funds. Extends the bill's foster care sex-affirmation requirements to youth under 18 in the John H. Chafee Foster Care Program for Successful Transition to Adulthood, and bars Chafee program funds from being used for gender-transition treatments for minors. Requires states, as a condition of receiving federal foster care and adoption assistance payments, to ensure all child health, safety, and best-interest determinations comply with this Act's requirements regarding biological sex and parental rights. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to define 'sex' as immutable biological sex, 'adverse State action' as child welfare interventions motivated by parental sex-affirmation, and 'covered entity' as any CAPTA fund recipient — establishing binding interpretive limits on all CAPTA administration.
Regulatory or Legal Changes
Declares that parents have a fundamental right to raise their child in a manner consistent with the child's biological sex, and prohibits child welfare systems from treating that parental conduct as abuse or neglect.
Core Policy Mechanism
Adds rules to the Child Abuse Prevention and Treatment Act (CAPTA) stating that parents cannot be required to provide medical treatment contrary to their religious beliefs, and that affirming a child's biological sex cannot be classified as child abuse or neglect under CAPTA.
Carve-outs, Exemptions, Eligibility
Amends federal law to bar state courts from taking over child custody cases solely because a parent or child seeks gender-transition treatments, and prohibits courts from finding a parent unfit for raising a child consistent with their biological sex.
Core Policy Mechanism
Requires courts and agencies to interpret the Act broadly in favor of parental rights and narrowly against government interference, and prohibits classifying parental sex-affirmation as child abuse, neglect, or contrary to the best interest of the child under any provision of the Act.
Carve-outs, Exemptions, Eligibility
The exhaustion of any State or administrative remedies is not required as a condition of filing an action described in this section.
Carve-outs, Exemptions, Eligibility (optional)
Exhaustion of any State or administrative remedies shall not be required as a condition of bringing an action described in subsection (a).
Carve-outs, Exemptions, Eligibility (optional)
Exhaustion of any State or administrative remedies shall not be required as a condition of bringing an action described in subparagraph (B).
Carve-outs, Exemptions, Eligibility (optional)
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