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119-hr-10745119th Congress

Yaeli Martinez Child Protection Act

Sponsored By: Representative Miller, Mary E. [R-IL-15]

Introduced

Summary

Parents' right to affirm a child's sex. This bill would bar the use of federal child‑welfare funds for medical or social "sex‑rejecting interventions" for minors, require sex‑aligned housing and records protections in foster settings, and create a federal private right of action allowing parents and other caregivers to sue covered entities for adverse State actions related to gender‑identity matters.

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  • Families: Parents, guardians, and caregivers would be explicitly protected from being labeled abusive for affirming a child's sex and could refuse consent to puberty blockers, cross‑sex hormones, surgeries, compression garments, or reassignment of housing and titles.
  • Children in foster and residential care: Facilities receiving federal funds would need single‑occupancy or sex‑separated sleeping and bathing areas and must use pronouns and titles matching the child's sex unless parents provide written consent; official sex‑marker changes would be restricted while a child is in foster care for children aged 4 and older.
  • States, tribes, and providers: Covered entities would have to adopt new state‑plan provisions and trainings within one year or face enforcement, including administrative withholdings and recoupment (5% for a first violation, 10% for a second, 15% for third or subsequent violations, capped at 15% per grant period) and private lawsuits that can seek injunctions, compensatory and emotional‑distress damages, and attorney's fees; the bill conditions funding on waivers of sovereign and tribal immunity and abrogates qualified immunity for employees, contractors, and agents.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

New federal court rights for parents

If enacted, the bill would let parents, guardians, caregivers, foster and prospective foster or adoptive parents, and children sue in federal court over covered adverse State actions. Plaintiffs would not have to exhaust State remedies and would have four years to sue, with tolling rules for minors. Courts could award declaratory or injunctive relief, compensatory and emotional‑distress damages, and attorney’s fees, and the bill would make qualified immunity unavailable for covered employees and agents in these cases.

Foster care housing and records rules

If enacted, the bill would require foster homes and child‑care institutions that get federal funds to provide single‑occupancy or sex‑separated sleeping and undress areas for children age 4 and older. It would extend State plan and Section 477 rules to youth under 18 and bar Section 477 funds from being used to provide or refer minors for sex‑rejecting interventions. The bill would also require procedures to prevent official sex‑marker changes on a child’s records while the child is in foster care and to include these requirements in licensing standards.

New rules for federal child welfare funds

If enacted, the bill would make receipt of federal child‑welfare funds conditional on new parental‑rights protections. It would bar use of CAPTA and related grant money to provide, promote, fund, refer, or permit defined “sex‑rejecting interventions” for minors. States and tribal recipients would have to certify compliance and waive certain sovereign‑immunity defenses to get funds. The bill would let HHS withhold, recoup, and impose penalties on grant recipients for violations, up to a 15% cap per grant period.

Interstate custody and visitation limits

If enacted, the bill would change which out‑of‑State custody or visitation decisions courts must recognize or enforce when the case involves sex‑rejecting interventions. It would say that affirming a child’s sex alone is not abuse or neglect. Custody or visitation rulings that violate the bill’s jurisdictional limits would not get full faith and credit or enforcement under the amended rules.

Sponsors & CoSponsors

Sponsor

Miller, Mary E. [R-IL-15]

IL • R

Cosponsors

  • Rep. Brecheen, Josh [R-OK-2]

    OK • R

    Sponsored 10/5/2026

  • Rep. Biggs, Sheri [R-SC-3]

    SC • R

    Sponsored 10/5/2026

  • Rep. Moore, Barry [R-AL-1]

    AL • R

    Sponsored 10/5/2026

  • Rep. Fine, Randy [R-FL-6]

    FL • R

    Sponsored 10/5/2026

  • Rep. Rose, John W. [R-TN-6]

    TN • R

    Sponsored 10/5/2026

  • Rep. Alford, Mark [R-MO-4]

    MO • R

    Sponsored 10/5/2026

  • Rep. McCormick, Richard [R-GA-7]

    GA • R

    Sponsored 10/5/2026

  • Rep. Aderholt, Robert B. [R-AL-4]

    AL • R

    Sponsored 10/5/2026

  • Rep. Stutzman, Marlin A. [R-IN-3]

    IN • R

    Sponsored 10/5/2026

  • Rep. Houchin, Erin [R-IN-9]

    IN • R

    Sponsored 10/5/2026

  • Rep. Harshbarger, Diana [R-TN-1]

    TN • R

    Sponsored 10/5/2026

  • Rep. Harris, Mark [R-NC-8]

    NC • R

    Sponsored 10/5/2026

  • Rep. Ogles, Andrew [R-TN-5]

    TN • R

    Sponsored 10/5/2026

  • Rep. Kennedy, Mike [R-UT-3]

    UT • R

    Sponsored 10/6/2026

  • Rep. Baird, James R. [R-IN-4]

    IN • R

    Sponsored 10/6/2026

  • Rep. McDowell, Addison P. [R-NC-6]

    NC • R

    Sponsored 10/9/2026

  • Rep. Yakym, Rudy [R-IN-2]

    IN • R

    Sponsored 10/29/2026

Roll Call Votes

No roll call votes available for this bill.

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