transgender youth

House Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

UPDATE 02/23/2023 – passed in the house as amended with amendment 2, Referred to the Senate. See senate sponsors. DIGEST OF HB 1407 (Updated February 21, 2023 2:46 pm PDF file: HB1407.03.ENGH-passed-house

UPDATE 02/13/2023 – this bill passed out of committee and will appear before the full house.

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Summary:
House Bill 1407 Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care. Allows non-custodial parents the right to interfere with custodial parents rights to child care if child is transgender.

House Bill 1407
Authored by Rep. Dale DeVon.
Co-Authored by Rep. Chris Jeter, Rep. Robert Heaton, Rep. Lindsay Patterson.
Sponsored by Sen. Aaron Freeman, Sen. Stacey Donato, Sen. Jeff Raatz.

DIGEST
Parental rights. Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent’s child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent’s rights with respect to the upbringing, education, and health care of the parent’s child. Provides that a child is not a child in need of services due to the child’s parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex. Provides that a juvenile court may not enter a dispositional decree ordering removal of a child from the home of the child’s parent, guardian, or custodian if: (1) the juvenile court has found the child to be a child in need of services under a specified statutory definition of a child in need of services; and (2) the parent, guardian, or custodian of the child: (A) is a fit parent, guardian, or custodian of the child; and (B) does not consent to the child being removed from the child’s home.

Actions for House Bill 1407
H 02/23/2023 Referred to the Senate
H 02/22/2023 Senate sponsors: Senators Freeman, Donato, Raatz
H 02/22/2023 Third reading: passed; Roll Call 199: yeas 58, nays 33 – PDF file of Roll Call: HB1407.199_H-roll-call
H 02/21/2023 Amendment #2 (Jeter) prevailed; voice vote – PDF file of amendment: HB1407.02.COMH.AMH002
H 02/21/2023 Second reading: amended, ordered engrossed
H 02/20/2023 Placed back on second reading
H 02/16/2023 Second reading: ordered engrossed
H 02/13/2023 Passed out of committee
H 02/06/2023 Representative Patterson L added as coauthor
H 01/31/2023 Representative Heaton added as coauthor
H 01/31/2023 Representative Jeter C added as coauthor
H 01/17/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/17/2023 Authored by Representative DeVon

Link to PDF File of Introduced Bill: HB1407.01.INTR
Link to PDF File of 2nd Amendment passed: HB1407.02.COMH.AMH002
Link to PDF File of Roll Call Vote: HB1407.199_H-roll-call
Link to PDF File of Senate Version:

News References:

Source: Indy Star – February 10, 2023
House committee OKs bill seen as anti-transgender targeting DCS care

Source: Herald Bulletin – February 12, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: WTHR – February 17, 2023
Faith leaders condemn Indiana bills they say are hateful to trans youth

Source: TheStatehouseFile.com – Feb 21, 2023
‘Parental rights’ bill concerning gender identity in kids sees second reading in House

Source: Indiana Capitol Chronicle – February 23, 2023
House passes bill supporting parents in transgender DCS cases

DCS told the Capital Chronicle that it does not open cases solely because parents don’t support transitions.

In Cox’s case, DCS removed the child after reports of the parents verbally abusing the child and refusing to treat the child’s eating disorder. An October ruling from the Indiana Court of Appeals affirmed DCS’ actions.

“The Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to Child,” the court ruled.

Continue ReadingHouse Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

Senate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Prohibits gender affirming care for any individual under 18 years of age, including to “alter the gender of the minor or delay puberty.” Provides disciplinary actions that may be taken toward healthcare providers including revoking licenses and subjecting them to civil liability.

Senate Bill 480
Authored by Sen. Tyler Johnson.
Co-Authored by Sen. Gary Byrne, Sen. Stacey Donato, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. James Buck, Sen. Aaron Freeman, Sen. Jeff Raatz, Sen. Andy Zay, Sen. Greg Walker, Sen. Mark Messmer, Sen. Jack Sandlin, Sen. Linda Rogers, Sen. James Tomes, Sen. Rick Niemeyer, Sen. Brian Buchanan, Sen. Scott Alexander, Sen. John Crane, Sen. Michael Young.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for Senate Bill 480
S 02/27/2023 Amendment #4 (Yoder) failed; Roll Call 165: yeas 12, nays 37
S 02/27/2023 Amendment #7 (Brown L) prevailed; voice vote
S 02/27/2023 Second reading: amended, ordered engrossed
S 02/23/2023 Senator Young M added as coauthor
S 02/23/2023 Committee report: amend do pass, adopted
S 02/21/2023 Senator Charbonneau added as second author
S 01/30/2023 Senator Crane added as coauthor
S 01/23/2023 Senator Ford Jon removed as coauthor
S 01/19/2023 First reading: referred to Committee on Health and Provider Services
S 01/19/2023 Coauthored by Senators Byrne, Donato, Doriot, Gaskill, Buck, Ford Jon, Freeman, Raatz, Zay, Walker G, Messmer, Sandlin, Rogers, Tomes, Niemeyer, Buchanan, Alexander
S01/19/2023 Authored by Senator Johnson

Link to PDF file of introduced bill: SB0480.01.INTR

Continue ReadingSenate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

House Bill 1525: Prohibiting Gender Affirming Care

No health care professionals, including medical doctors or nurses, or behavioral or human service professionals are allowed affirm a young person’s sexual attraction, behavior or gender identity if different from genitalia or DNA. Prohibits gender confirming surgeries which are rarely performed for on anyone under 18. Prohibits puberty blockers and hormones for those under 18. This bill, like others, does not recognize or distinguish trans youth from young people with precocious puberty, who would also be affected by this bill. “Under the bill’s requirements, there is no direct penalty, but under lawful practice health care professionals could have action taken against them by the State Health Commissioner. The State Health Commissioner could issue a letter of correction or probationary license, conduct a resurvey, deny renewal of a license, revoke a license, or issue a civil penalty not to exceed $10,000.”

House Bill 1525
Introduced House Bill (H)
Authored by Rep. Bruce Borders.

DIGEST
Prohibited health care for minors. Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) prescribing, administering, or furnishing certain drugs to a minor; that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

Actions for House Bill 1525
H 01/19/2023 First reading: referred to Committee on Public Health
H 01/19/2023 Authored by Representative Borders

Link to PDF of introduced bill: HB1525.01.INTR

Continue ReadingHouse Bill 1525: Prohibiting Gender Affirming Care

Senate Bill 380: Banning identifying as a cat in Indiana

02/28.2023 Update: This bill was heavily amended in the Senate to define graduation measures. The addition of Democratic co-sponsors in the House will like mean the dress code portion of the bill won’t receive much attention.

Analysis: A bill working through the Indiana Senate would reiterate that schools are allowed to enforce dress codes and curb disruptive behavior to address concerns about students identifying as furries. It follows a nationwide wave of claims – none proven – that students are dressing and acting like animals in classrooms.

When introducing the bill in the Senate’s education committee, which Raatz chairs, he said it was to address concerns about students who “may be imitating or were behaving like a furry.”

Senate Bill 380
Introduced Senate Bill (S)
Authored by Sen. Jeff Raatz.

DIGEST
Various education matters. Amends the definition of “graduation” for purposes of the high school graduation rate determination. Allows a school corporation to adopt a policy concerning dress code or disruptive behavior.

UPDATED DIGEST
Synopsis: Various education matters. Requires each school corporation to publish on the school corporation’s website the graduation rate for each high school in the school corporation. Amends the definition of “graduation” for purposes of the high school graduation rate determination. Amends the graduation rate calculation. Removes a provision that provides that not more than 1% of students of a cohort may receive the alterative diploma established by the state board of education. Allows a school corporation to adopt a policy concerning dress code or distractive behavior.

Actions for Senate Bill 380
H 02/28/2023 First reading: referred to Committee on Education
S 02/09/2023 Referred to the House
S 02/07/2023 Senator Breaux added as coauthor
S 02/07/2023 House sponsor: Representative Behning
S 02/07/2023 Third reading: passed; Roll Call 85: yeas 39, nays 10
S 02/06/2023 Senator Donato added as second author
S 02/06/2023 Second reading: ordered engrossed
S 02/02/2023 Committee report: amend do pass, adopted
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S01/19/2023 Authored by Senator Raatz

Link to PDF file of Introduced Bill: SB0380.01.INTR
Link to PDF file of Amended Bill:

References and News articles about this bill:

Indianapolis Star: Indiana lawmaker targets furries in schools. Schools say there’s no problem, Arika Herron

Related Stories: Cat litter boxes in schools? Tony Dungy apologizes for tweet that sparked outrage and backlash

Continue ReadingSenate Bill 380: Banning identifying as a cat in Indiana

House Bill 1346: Promoting harassment of gender non-conforming students

Update:

Students are not allowed to request that teachers or school employees or other students use a name that is different from their birth certificate, or any pronouns or gender identifiers that are different from their identified genitalia: “‘sex’ means an individual’s biological sex as either male or female: based on the individual’s genetics and reproductive biology at birth, including sex organs, chromosomes, and hormones.” For trans young people who have undergone a social gender transition, this forces them out of the closet. Parents of trans children will be deterred from moving to Indiana because they might be required to submit a birth certificate or genital inspection of their child. Any child who doesn’t conform to strict gender norms is subject to genital inspection or demands for documentation.

House Bill 1346
Authored by Rep. Jake Teshka.
Co-Authored by Rep. Joanna King, Rep. Martin Carbaugh, Rep. Timothy Wesco.

DIGEST
Gender fluidity. Provides that a school may not promote or encourage the use of, or require, compel, or coerce a student, an employee of the school, or a staff member of the school to use: (1) a pronoun, title, or other word to identify a student, school employee, or other individual that is inconsistent with the student’s, employee’s, or individual’s biological sex; or (2) a name or nickname to identify a student that is inconsistent with the student’s name on the student’s birth certificate. Creates an exception. Provides that a school may not require an employee or a staff member of the school to adopt, support, or promote gender fluidity.

Actions for House Bill 1346
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Coauthored by Representatives King, Carbaugh, Wesco
H 01/17/2023 Authored by Representative Teshka

Link to PDF File of Introduced Bill: HB1346.01.INTR

Continue ReadingHouse Bill 1346: Promoting harassment of gender non-conforming students

Senate Bill 354 – Outing transgender students in Indiana

Update: This bill will likely be reconciled with House Bill 1608, which not only does it not allow any mention of sexual orientation or gender identity in K-3 classes, but it specifically encourages bullying and abuse of gender non-conforming children in schools by both students and staff members, and mandates outing gender non-conforming children to their parents.

A new bill authored by Sen. Jeff Raatz would make mandatory outing transgender students to their parents if they request to be called something other than their name or pronouns assigned at birth.

Senate Bill 354
Introduced Senate Bill (S)
Authored by Sen. Jeff Raatz.

DIGEST
Education matters. Provides that a: (1) school that seeks state accreditation; and (2) national or regional accreditation agency that seeks to be recognized by the state board of education (state board); must complete and submit the applicable application form established by the state board. Requires the state board to do the following: (1) Not later than six months after the date a completed application is submitted, approve or deny the accreditation or recognition. (2) If the state board denies an accreditation or recognition, send notice to the school or national or regional accreditation agency stating the reasons for the denial. Requires the department of education to post a copy of the application forms on the department’s website. Requires a public school, including a charter school, to notify the parent of an unemancipated minor, if the student: (1) makes a certain disclosure concerning the student’s gender identity or gender expression to an employee or staff member of the school; or (2) changes, expresses a desire to change, or makes a request to change the student’s name, attire, or pronoun, title, or word to identify the student in a manner that is inconsistent with the student’s biological sex at birth. Requires an employee or staff member of a school to report to the school a disclosure or information described in these provisions to the school.

Actions for Senate Bill 354

S0 1/12/2023 First reading: referred to Committee on Education and Career Development
S0 1/12/2023 Authored by Senator Raatz

Link to downloadable PDF file of the Introduced Bill: SB0354.01.INTR

References:

Indiana General Assembly – Senate Bill 354

Chalkbeat – Indiana bill would require teachers and schools to report student requests to change names, pronouns

Continue ReadingSenate Bill 354 – Outing transgender students in Indiana

Transphobic protest at NCAA Headquarters in downtown Indianapolis

On Thursday, January 12, a transphobic group of protestors gathered outside NCAA Headquarters downtown to protest against transgender athletes being allowed to compete in sports.

From the Indiana Lawyer: Demonstrators protest NCAA’s transgender athlete inclusion

Former Kentucky swimmer Riley Gaines and about two dozen demonstrators outside the NCAA convention Thursday protested the inclusion of transgender athletes in women’s sports and threatened the association with legal action if it doesn’t change its policies.

Gaines competed in last year’s NCAA swimming and diving championships against Penn’s Lia Thomas, who became first transgender woman to win a national title ( the women’s 500-yard freestyle). She also placed fifth in the 200 freestyle, tying with Gaines.

“Today, we intend to personally tell the NCAA to stop discriminating against female athletes by handing them a petition that we have garnered nearly 10,000 signatures on in just a couple of days,” Gaines said, kicking off more than an hour of speeches that attracted a few onlookers and a handful of quiet counter-protesters.

The topic has divided the U.S. for the past several years, with critics saying transgender athletes have an advantage over cisgender women in competition. Eighteen states have passed laws banning transgender athletes from participating in female school sports; a federal judge earlier this month ruled West Virginia’s ban is constitutional and can remain in place.

The NCAA has permitted transgender athletes to compete since 2010.

The Transgender Student-Athlete Participation Policy was updated a year ago, taking a sport-by-sport approach that brings the NCAA in line with the U.S. and international Olympic committees.

Full implementation of the policy was scheduled to be phased in by August but the NCAA Board of Governors this week approved a recommendation to delay that through the 2023-24 academic year “to address operational considerations.”

NCAA leadership says the stated goal in policy making is “not if transgender athletes are included, but how.”

“We want to have an environment that is fair, welcoming and inclusive for all of (the athletes),” Ivy League executive director Robin Harris said at the convention during a session this week on the topic. Harris said the transgender athletes policy is no different from other eligibility requirements.

“They are playing by the rules,” NCAA director of inclusion Jean Merrill said during the session.

Schuyler Bailar, a transgender man who switched from the women’s swim team to the men’s during his time at Harvard, said he believes the NCAA is doing the best it can to be inclusive, fair and effective with its policies. The challenge is that the standards are not static.

“It’s just not that simple. I think they’re ever moving, ever evolving. And fairness is ever evolving, as well, the more we learn about bodies and biology and people and the more we understand diversity and equity and inclusion,” Bailar said at the convention session.

At the protest, Alliance Defending Freedom attorney Christiana Kiefer said the NCAA is violating Title IX, the landmark gender equity legislation enacted in 1972, and legal action against the NCAA could take several forms.

“So I think that could look like a federal lawsuit against the NCAA,” she said. “I think that could look like a Title IX complaint. And I think it could look like even universities starting to actually push back against the NCAA and saying, ’Hey, we have a legal obligation to protect fair athletic opportunities for female athletes and if we fail to do that, you’re kind of binding our hands and not allowing us to fulfill our legal obligations to the female athletes at our schools.’”

The NCAA has not yet taken a stand against states that have banned transgender athletes from competing in women’s sports. The NCAA has previously banned states from hosting its championship events because of the use of Confederate symbolism or for laws that it believe discriminated against LGBTQ people.

Bailar said it would be valuable to have the NCAA take a similar position on this issue.

“I also know that NCAA’s jurisdiction is in college athletics and not in children’s sports. And many of these laws are about children’s sports. So I understand the discrepancy there,” he said. “But I mean, if you’re asking me do I want more support for trans people? The answer is going to be: absolutely yes.”

Continue ReadingTransphobic protest at NCAA Headquarters in downtown Indianapolis

Fort Wayne Journal Gazette covers 4 anti-trans house bills in 2023

Fort Wayne Journal Gazette covers the four anti-trans house bills targeting transgender healthcare in 2023. Some good analysis here about these bills.

General Assembly
Transgender health care targeted by new Indiana bills
Brett Stover | The Journal Gazette

INDIANAPOLIS – Several bills filed by Republican lawmakers seek to ban doctors from providing gender-affirming care to minors.

The filings this week make Indiana one of at least a dozen states where legislators are seeking to limit transgender health care access.

One such proposal, House Bill 1220, is authored by Rep. Michelle Davis, R-Whiteland, and co-authored by three more Republicans, including Fort Wayne Rep. Chris Judy.

Early gender-affirming care is crucial for the health and well-being of transgender and nonbinary children and adolescents, according to the U.S. Department of Health and Human Services.

Some types of gender-affirming care are reversible, one government document states. Those include social affirmation – like using a person’s preferred pronouns and name – and puberty blockers, hormones that effectively pause puberty.

Hormone replacement therapy, which Health and Human Services says is used from early adolescence onward, is a partially reversible form of medical care.

The final category, gender-affirming surgery, is described as non-reversible and is typically used in adulthood. A Reuters report found that such surgeries are “uncommon in patients under age 18.”

Physicians and other medical practitioners would not be allowed to provide any medical nor surgical gender-affirming care under HB 1220. They would also not be allowed to refer a minor to another doctor for such care.

The bill would allow for civil penalties against medical professionals who violate the law.

Another measure, House Bill 1118, would impose harsher penalties.

Under HB 1118, filed by Rep. Lorissa Sweet, R-Wabash, health care professionals who perform gender-affirming surgeries on minors whose gender identity “is inconsistent with the minor’s biological sex” could face Level 5 felony charges. A Level 5 felony carries a sentencing range of 1 to 6 years.

It also would open medical professionals who provide other forms of gender-affirming care including puberty blocker and hormone therapy to misdemeanor charges.

Rep. Ryan Lauer, R-Columbus, has also filed two bills that would affect transgender minors.

One, House Bill 1231, has similar provisions to HB 1220 and would allow for civil penalties for doctors who provide medical or surgical gender-affirming care. It would also bar health insurance companies from covering those types of procedures.

The second, House Bill 1232, would prohibit the Department of Child Services from substantiating a report of child abuse or neglect solely because the parent or guardian insists on “referring to and raising the child consistent with the child’s biological sex” or because they won’t allow the child to receive gender-affirming surgery, medical care, mental health care or counseling.

The bill would also prohibit the Department of Child Services from taking custody of a child away from their guardian solely for those reasons.

Those bills have drawn the ire of the American Civil Liberties Union of Indiana, whose advocacy director said the General Assembly is on track to introduce a record number of bills “attacking the rights of LGBTQ Hoosiers.”

“A number of these bills represent a coordinated, hate-driven campaign to push trans people out of public life,” ACLU of Indiana Advocacy Director Katie Blair said in a statement. “We will use every tool at our disposal to defend LGBTQ rights in Indiana. LGBTQ people belong everywhere, including in our state, and we will not stand for these attack bills.”

G. David Caudill, founder of the nonprofit Equality Indiana, said that while he’s disappointed in the legislation, it’s not unexpected based on trends across the country and other recent bills in Indiana.

“It’’s disappointing that the supermajority, and the extremists within the supermajority, are trying to score political points by attacking the LGBTQ community,” Caudill said.

He encouraged committee chairs to let the bills die in committee.

Caudill also said the bill would hurt the state’s economic environment. Indiana wants to be welcoming, he said, but bills like these “give us a black eye” economically.

This isn’t the first time the Indiana legislature has turned its eye toward transgender children.

Last year, Davis authored House Bill 1041, which banned transgender girls from participating in girls school sports.

The Indiana legislature overrode a veto from Gov. Eric Holcomb, and the ban went into effect July 1. However, the ACLU challenged HB 1041 in court on behalf of a 10-year-old transgender girl, and a federal judge ruled in her favor last July.

Continue ReadingFort Wayne Journal Gazette covers 4 anti-trans house bills in 2023

House Bill 1232 – Denying child protective services to abused transgender children

UPDATE 02/13/2023 – A similar bill House Bill 1407, passed through the House and was referred to the Senate.

House Bill 1232 would deny Child Protective Services the means to remove psychologically or physically abused transgender children from their parents homes.

House Bill 1232
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. Michelle Davis.

DIGEST
Child removal and gender identity. Provides that the department of child services may not classify a report of child abuse or neglect as substantiated, and a child may not be removed from the child’s parent, guardian, or custodian, solely on the basis of the parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex.

Actions for House Bill 1232
H0 1/12/2023 Representative Davis M added as coauthor
H 01/10/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1232.01.INTR

News References:

Source: Herald Bulletin
Feb 9, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: The Herald Bulletin Editorial Board
Feb 9, 2023
Editorial: Legislature resumes attack on LGBTQ kids

Continue ReadingHouse Bill 1232 – Denying child protective services to abused transgender children

House Bill 1231 – Civil Penalties for Gender Affirming Care

HB-1231 allows civil penalties for doctors who provide gender affirming medical care to young people, and bars health insurance companies from covering gender affirming care for young people (generally, insurance companies don’t cover currently cover surgeries for minors).

House Bill 1231
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. J.D. Prescott, Rep. David Abbott.

DIGEST
Gender transition procedures for minors. Prohibits specified health care professionals from providing gender transition procedures to a minor that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Prohibits public funds, Medicaid, or a health carrier from providing reimbursement or coverage for gender transition procedures to a minor. Creates a civil cause of action. Makes conforming changes.

Actions for House Bill 1231
H 01/19/2023 Representatives Prescott and Abbott D added as coauthors
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1231.01.INTR

Continue ReadingHouse Bill 1231 – Civil Penalties for Gender Affirming Care

House Bill 1118 – Criminalizing Gender Affirming Care

Authored by Rep. Lorissa Sweet, HB-1118 Defines gender affirming care as a form of conversion therapy and defines criminal penalties for parents and medical providers who affirm the self-identify of their transgender children.

Related House bills: House Bill 1220, House Bill 1231, House Bill 1589.
Related Senate bill: Senate Bill 480, which is moving in the Senate.

HOUSE BILL No. 1118
Introduced House Bill (H)
Authored by Rep. Lorissa Sweet.
Co-Authored by Rep. Zach Payne.

Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing, or causing to be performed, certain medical procedures on a minor; or (2) subjecting a minor to certain activities that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

ACTIONS:
H 01/12/2023 Representative Payne Z added as coauthor
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Sweet

Explanation of State Expenditures:

The bill would result in an increase in workload for the Department of Child Services (DCS) to investigate reports of health care professionals providing prohibited services under the bill to minors and refer cases to law enforcement. The Professional Licensing Agency (PLA) and applicable licensing boards may also experience additional workload to take disciplinary action against practitioners who are alleged to have violated the requirements of the bill. If health care professionals are convicted on felony charges under the bill, the Department of Correction (DOC) would incur additional costs for incarceration. Ultimately, total additional expenditures resulting from the bill will depend on legislative, administrative, and judicial decisions.

Additional Information:
A health care professional who violates provisions of the bill that prohibit certain medical procedures would commit a Level 5 felony. A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house an adult offender was $27,185 annually, or $74.43 daily, in FY 2022. (This does not include the cost of new construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility was $130,547, or $357.42 daily, in FY 2022. The marginal cost for juvenile facilities was $5,125 annually or $14.04 daily

The entire Level 5 sentence may be suspended and the person placed on either probation or community corrections. If no time is suspended, the offender can receive good time credit of 25% and educational credit time. After adjusting for credit time, the offender can be released from prison and placed on parole.

Explanation of State Revenues:
If civil actions are brought against health care professionals, the state General Fund and Common School Fund could collect additional revenue from court fees and criminal fines. Additionally, the PLA and applicable licensing boards could impose fines against violating practitioners, which would be deposited in the state General Fund. However, Licensing boards could also take action against a practitioner’s license, resulting in reduced state General Fund revenue from license fees. The bill’s overall impact on revenue will ultimately depend on administrative and judicial decisions.

Additional Information:

Penalty Provision:
If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a Level 5 felony is $10,000. Criminal fines are deposited in the Common School Fund. The maximum fine for a Class A misdemeanor is $5,000.

If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20), judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial insurance adjustment fee ($1), and the DNA sample processing fee ($3).

Disciplinary Action:
The PLA may impose fines of up to $1,000 against practitioners who violate laws governing their profession. Revenue from fines is deposited in the state General Fund. Biennial license fees for the practitioners named in the bill range from $50 to $200 and are deposited in the state General Fund.

Explanation of Local Expenditures:
If more defendants are detained in county jails prior to their court hearings or receive jail sentences, local expenditures for jail operations may increase. However, any additional expenditures would likely be minimal. [A Class A misdemeanor is punishable by up to one year in jail.] County-owned hospitals could experience additional legal costs if they become involved in litigation against health care professionals practicing at their facilities.

The average cost per day is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.

Explanation of Local Revenues:
If additional court actions occur and a guilty verdict is entered, local governments would receive revenue from the following sources. The county general fund would receive 27% of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive 3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2) and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.

State Agencies Affected:
Department of Child Services; Professional Licensing Agency; Department of Correction.

Local Agencies Affected:
Trial courts; local law enforcement agencies.

Information Sources:
Margaux Auxier, Department of Correction; IC 35-50-2-7; IC 35-50-3-2; Legislative Services Agency, Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2022; U.S. Department of Justice Marshals Service.

Fiscal Analyst:
Jasmine Noel, 317-234-1360.

Link to introduced version of the bill: HB1118.01.INTR

Continue ReadingHouse Bill 1118 – Criminalizing Gender Affirming Care

House Bill 1041 – Indiana General Assembly 2022 Session

House Bill 1041 – Indiana General Assembly 2022 Session

01/04/2022 Authored by Representative Michelle Davis

Co-Authored by Rep. Chris Jeter, Rep. Joanna King, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jean Leising, Sen. Jack Sandlin, Sen. Dennis Kruse, Sen. Gary Byrne, Sen. Blake Doriot, Sen. Michael Young.

Digest
Participation in school sports. Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, and certain athletic associations to expressly designate an athletic team or sport as one of the following: (1) A male, men’s, or boys’ team or sport. (2) A female, women’s, or girls’ team or sport. (3) A coeducational or mixed team or sport. Prohibits a male, based on the student’s biological sex at birth in accordance with the student’s genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women’s, or girls’ athletic team or sport. Requires school corporations, public schools, certain nonpublic schools, and certain athletic associations to: (1) establish and maintain grievance procedures; or (2) maintain grievance or protest procedures established before July 1, 2022; for a violation of these provisions. Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

Actions for House Bill 1041

H01/04/2022 Authored by Representative Davis
H01/04/2022 Coauthored by Representatives Jeter, King, Heaton
H01/04/2022 First reading: referred to Committee on Education
H01/24/2022 Committee report: amend do pass, adopted
H01/26/2022 Second reading: amended, ordered engrossed
H01/26/2022 Amendment #1 (Davis) prevailed; voice vote
H01/26/2022 Amendment #3 (DeLaney) motion withdrawn
H01/27/2022 Third reading: passed; Roll Call 135: yeas 66, nays 30
H01/27/2022 Senate sponsor: Senator Donato
H01/28/2022 Referred to the Senate
S02/07/2022 First reading: referred to Committee on Education and Career Development
S02/14/2022 Senator Leising added as second sponsor
S02/14/2022 Senator Sandlin added as third sponsor
S02/14/2022 Senator Kruse added as cosponsor
S02/17/2022 Committee report: do pass, adopted
S02/21/2022 Senator Byrne added as cosponsor
S02/22/2022 Second reading: ordered engrossed
S02/22/2022 Amendment #3 (Ford J.D.) failed; Roll Call 223: yeas 13, nays 35
S02/22/2022 Amendment #1 (Ford J.D.) failed; Roll Call 224: yeas 11, nays 37
S02/22/2022 Amendment #2 (Ford J.D.) failed; Roll Call 225: yeas 16, nays 33
S02/24/2022 Senator Doriot added as cosponsor
S02/28/2022 Senator Young M added as cosponsor
S03/01/2022 Third reading: passed; Roll Call 278: yeas 32, nays 18
S03/02/2022 Returned to the House without amendments
H03/04/2022 Signed by the Speaker
S03/07/2022 Signed by the President Pro Tempore
S03/15/2022 Signed by the President of the Senate
H03/21/2022 Vetoed by the Governor
H05/24/2022 Veto overridden by the House; Roll Call 402: yeas 67, nays 28
S05/24/2022 Veto overridden by the Senate; Roll Call 382: yeas 32, nays 15
H05/27/2022 Public Law 177

Continue ReadingHouse Bill 1041 – Indiana General Assembly 2022 Session