Senator Schmitt Introduces Bill to Protect Parents and Children from Ideological Child-Welfare Policies

Bill Would Prevent Federal Child-Welfare Funds From Being Used to Punish Parents for Raising Children According to Their Sex or Protecting Them From Irreversible Medical Harm

U.S. SENATE — Today, U.S. Senator Eric Schmitt (R-MO), introduced the “Yaeli Martinez Child Protection Act” to establish guardrails within the nation’s federal child-welfare framework to ensure federal funds are not used to punish parents for raising their children according to their sex or for protecting children from irreversible medical harm. The bill would preserve state authority to respond to actual abuse while preventing federally funded child-welfare systems

from treating a parent’s affirmation of a child’s sex as abuse or using it as a basis for adverse action against a family.

“The Left’s radical gender ideology is harming children with irreversible treatments and procedures. But in blue states, parents are being punished, and sometimes even separated from their children, for protecting their kids from this permanent damage. It is sickening that a state would impose ideological child-welfare policies to tear apart a family. Parents know what’s best for their own families, and we need to defend their rights to protect their children,” said Senator Eric Schmitt. 

The legislation is named after Yaeli Martinez, a teenager who was removed from her mother by California’s child-welfare system after her mother refused to treat Yaeli as a boy. Yaeli was provided testosterone while in state care and was ultimately isolated from her family. She died by suicide at age 19.

The “Yaeli Martinez Child Protection Act” Would:

• Clarify that affirming a child’s sex is not abuse: Prevent states from using federal funds to construe raising, referring to, or caring for a child according to his or her sex as abuse or neglect.
• Protect fit parents from adverse state action: Prohibit federally funded child-welfare systems from removing children from fit parents, initiating dependency proceedings, restricting visitation or communication, issuing abuse or neglect findings, placing parents on child-abuse registries, terminating parental rights, or denying foster or adoptive placement simply because a parent affirms the child’s sex.
• Protect children in state care: Restrict the use of federal funds for sex-rejecting interventions for children in state care and require sex-separated or single-occupancy housing and privacy protections.
• Give families a private right of action: Allow aggrieved parents, guardians, caregivers, and children to seek judicial remedies when covered entities violate the bill’s protections.
• Protect interstate custody orders: Amend the Parental Kidnapping Prevention Act to prevent states from disregarding another state’s custody order when a child runs to or is taken to another state for the purpose of obtaining sex-rejecting interventions.

The legislation would apply its protections across CAPTA, Titles IV-B and IV-E of the Social Security Act, and the John H. Chafee Foster Care Program, while establishing funding restrictions and enforcement mechanisms for violations.

Statement of Support: 

“It is not child abuse for a parent or caregiver to affirm a child’s sex. In fact, doing so is acting in the best interest of the child by protecting them from falling into a false and dangerous ideology. But far too many families have been wrongly investigated and punished by the state for doing that very thing. Far too many foster parents have been barred from caring for children in need because they refuse to use false pronouns. We are grateful to Sen. Schmitt for introducing legislation that will protect families who rightly teach their children that each one is created uniquely, lovingly, by God, male and female.” – Penny Nance, CEO and President of CWALAC

Supporting Organizations of Senator Schmitt’s Bill:

Ethics and Public Policy Center

Catholic Vote

Concerned Women for America

America First Works

Child and Parental Rights Campaign

Family Policy Alliance

Heritage Action

American Principles Project

Lifeline Children’s Services

Democrats for an Informed Approach to Gender

LGB Courage

Our Duty – USA

Genspect USA

Genspect International

WomenAreReal

Partners of Ethical Care

California Family Council

California United for Sex-Based Evidence in Law and Policy

Democratic Women’s Declaration

Advocates Protecting Children

Women’s Liberation Front

Protect Kids Colorado.

Good Citizen Project

Indiana Family Institute

America First Policy Institute 

Kansas Family Voice 

Colorado Parent Advocacy Network

Parents United Colorado

Do No Harm

Parents Defending Ed Action

Child Welfare & Justice Transformation

Virginia Family Foundation 

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