HSB 669 (LSB 6835YC (3) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act allowing a person to raise, guide, and instruct a child in a manner consistent with the child’s sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.68, subsection 2, paragraph b, Code 2026, is amended to read as follows:
   b.  “Child abuse” or “abuse” shall does not be construed to hold a include any of the following:
   (1)  A victim responsible for failing to prevent a crime against the victim.
   (2)  Raising, guiding, or instructing a child in a manner consistent with the child’s sex, including but not limited to all of the following:
   (a)  Referring to the child by titles or pronouns consistent with the child’s sex.
   (b)  Seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex.
   (c)  Making mental health or medical decisions based on the child’s sex.
   (d)  Declining to consent to gender transition procedure-related activity, as described in section 147.164, for a child.
    Sec. 2.  Section 232.71B, subsection 7, Code 2026, is amended to read as follows:
   7.  Facility or school visit.
   a.  The assessment may include a visit to a facility providing care to the child named in the report or to any public or private school subject to the authority of the department of education where the child named in the report is located.
   b.  The administrator of a facility, or a public school, or a private school shall cooperate with the a child protection worker by providing confidential access to the child named in the a child abuse report for the purpose of interviewing the child, and shall allow the child protection worker confidential access to other children for the purpose of conducting interviews in order to obtain relevant information.
   c.  The child protection worker may observe a child named in a report in accordance with the provisions of section 232.68, subsection 3, paragraph “b”. A witness shall be present during an observation of a child. Any
   d.  A child aged ten years of age or older can terminate contact with the child protection worker by stating or indicating the child’s wish to discontinue the contact.
   e.  The immunity granted by section 232.73 applies to acts or omissions in good faith of administrators and their facilities or school districts for cooperating in an assessment and allowing confidential access to a child.
    Sec. 3.  Section 237.5, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  The department shall not refuse to issue an individual or an agency a license based, in whole or in part, on the individual’s or agency’s intent to raise, guide, or instruct a child in a manner consistent with the child’s sex, including but not limited to all of the following:
   a.  Referring to the child by titles or pronouns consistent with the child’s sex.
   b.  Seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex.
   c.  Making mental health or medical decisions based on the child’s sex.
   d.  Declining to consent to gender transition procedure-related activity, as described in section 147.164, for a child.
    Sec. 4.  Section 598.41, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  In considering what custody arrangement under subsection 2 is in the best interests of the minor child, the court shall not consider as a negative factor that a parent is raising, guiding, or instructing, or intends to raise, guide, or instruct, the child in a manner consistent with the child’s sex, including but not limited to all of the following:
   a.  Referring to the child by titles or pronouns consistent with the child’s sex.
   b.  Seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex.
   c.  Making mental health or medical decisions based on the child’s sex.
   d.  Declining to consent to gender transition procedure-related activity, as described in section 147.164, for a child.
    Sec. 5.  Section 600.7A, Code 2026, is amended to read as follows:
   600.7A  Adoption services provided by or through the department Rules —— selection of adoptive parent criteria.
   1.  The department shall adopt rules which provide that if adoption services are provided by or through the department, notwithstanding any other selection of adoptive parent criteria, the overriding criterion shall be a preference for placing a child in a stable home environment as expeditiously as possible.
   2.  The department shall not adopt rules that will preclude an individual from consideration as an adoptive parent based, in whole or in part, on the individual’s intent to raise, guide, or instruct a child in a manner consistent with the child’s sex, including but not limited to all of the following:
   a.  Referring to the child by titles or pronouns consistent with the child’s sex.
   b.  Seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex.
   c.  Making mental health or medical decisions based on the child’s sex.
   d.  Declining to consent to gender transition procedure-related activity, as described in section 147.164, for a child.
    Sec. 6.  Section 726.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Child endangerment”, as described in subsection 1, does not include a person raising, guiding, or instructing a child or a minor in a manner consistent with the child’s or minor’s sex, including but not limited to all of the following:
   a.  Referring to the child by titles or pronouns consistent with the child’s sex.
   b.  Seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex.
   c.  Making mental health or medical decisions based on the child’s sex.
   d.  Declining to consent to gender transition procedure-related activity, as described in section 147.164, for a child.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a person to raise, guide, and instruct a child in a manner consistent with the child’s sex.
   The bill exempts from the definition of child abuse a person raising, guiding, or instructing a child in a manner consistent with the child’s sex, including but not limited to referring to the child by titles or pronouns consistent with the child’s sex; seeking and consenting to a mental health service for a child for the purpose of helping the child live a life consistent with the child’s sex; making mental health or medical decisions based on the child’s sex; and declining to consent to gender transition procedure-related activity for a child. The bill adds similar language to foster parent licensing considerations, court-ordered custody considerations during a dissolution of marriage, prospective adoptive parent considerations, and exemptions to the definition of child endangerment.
   The bill makes a conforming change to Code section 232.71B (duties of the department upon receipt of [child abuse] report).