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S851119th CongressWALLET

GUARD Act

Sponsored By: Senator Banks, Jim [R-IN]

Introduced

Summary

Ties federal Child Abuse Prevention and Treatment Act (CAPTA) grants to protections for parents who oppose minors' gender‑affirming medical or social care. It would apply even when there is no medical diagnosis and covers opposition to medical, surgical, pharmacological, psychological treatments and social changes like clothing, names, or pronouns. The bill would let a parent, guardian, or legal representative sue the Department of Health and Human Services to stop CAPTA awards to states that take adverse actions against them and to require return of awarded funds.

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  • Families and guardians: Parents and legal representatives who object to a minor's gender‑related care or social transition could bring court claims to block federal CAPTA funding for states that they say punished or discriminated against them. This strengthens a private enforcement route tied to child‑welfare grants.
  • States: A state found to have taken adverse actions could lose eligibility for CAPTA grants and face court-ordered repayment of funds it already received. That creates a direct funding consequence for state child‑welfare practices.
  • Federal agencies: The Department of Health and Human Services would be subject to lawsuits seeking injunctions to stop payments and recovery of grant funds when a court finds a state noncompliant. This adds a judicial enforcement role to CAPTA grant administration.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Protecting parents from state action

If enacted, the bill would make a State lose CAPTA funding if it takes adverse action or discriminates against parents, guardians, or legal representatives who oppose medical, surgical, drug, psychological, or social changes tied to a minor's gender identity. It would cover clothing, name, and pronoun use. The rule applies when the parent or guardian says the minor's gender identity conflicts with the minor's biological sex as determined at or before birth. It would apply regardless of any medical diagnosis. The provision is "notwithstanding any other provision of law," so it would override conflicting rules.

Right to sue over CAPTA awards

If enacted, a parent, guardian, or legal representative who experienced the described adverse action could sue the Department of Health and Human Services in federal or State court. You could ask a court to stop the Secretary from continuing CAPTA awards to a noncompliant State. You could also ask the court to require the State to return CAPTA funds to the Treasury.

Sponsors & CoSponsors

Sponsor

Banks, Jim [R-IN]

IN • R

Cosponsors

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 3/5/2025

  • Sen. Hawley, Josh [R-MO]

    MO • R

    Sponsored 3/5/2025

Roll Call Votes

No roll call votes available for this bill.

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