AB579 - Yaeli’s Law.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 579 Introduced by Assembly Member Castillo February 12, 2025 An act to amend Section 3011 of the Family Code, to amend Sections 11165.2, 11165.3, 11165.5, 11165.6, 11165.9, and 11166.05 of, and to add Section 273.2 to, the Penal Code, to add Section 2362 to the Probate Code, and to amend Section 300 of the Welfare and Institutions Code, relating to child abuse or neglect. LEGISLATIVE COUNSEL'S DIGEST AB 579, as introduced, Castillo. Yaeli’s Law. (1) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law defines “neglect” for these purposes as the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s welfare. Existing law defines “severe neglect” for these purposes as the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. Existing law also defines “severe neglect” to mean those situations of neglect where a person having the care of custody of a child willfully permits the person or health of the child to be placed in a situation such that their person or health is endangered, as defined. This bill, Yaeli’s Law, would clarify that certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, are not child abuse or neglect, do not constitute unjustifiable physical pain, mental suffering, or endangerment of health, and do not constitute serious emotional damage or a substantial risk factor of suffering serious emotional damage. The bill would create a private right of action for a parent or guardian who is investigated by a police department, sheriff’s department, or any agency against an individual or entity, as specified. The bill would authorize the court to award, in addition to damages and equitable relief, reasonable attorney’s fees and costs to the prevailing party. (2) Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents, and consistent with specified findings, including that the court’s primary concern must be to ensure the health, safety, and welfare of the child. This bill would specify that the health, safety, and welfare of a child does not include certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care. (3) Existing law, the Guardianship-Conservatorship Law, generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law places a ward in the care, custody, and control of a guardian, as specified. Existing law gives a guardian the same rights to consent to medical treatment as a parent having legal custody of a child. Under existing law, a guardian may consent to surgery to be performed on their ward, as specified. This bill would specify that certain actions, including, among other things, using a ward’s legal name, referring to a ward by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, do not constitute omission of necessary medical attendance or remedial care, the cause of, or infliction of, unjustifiable physical or mental pain, suffering, or injury, or grounds for removal of the guardian, replacement of the guardian, or termination of the guardianship. (4) Existing law specifies certain conditions, including when a child has suffered, or there is a substantial risk of suffering, serious physical harm, as defined, that place the child within the jurisdiction of the court, which may adjudge the child to be a dependent child of the court, if the child comes within any of those conditions. This bill would specify that certain actions, including, among other things, using a child’s legal name, referring to a child by a pronoun consistent with their sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, are not sufficient to adjudge a child to be a dependent child of the court. The bill would create a private right of action for a parent or guardian who has their child removed or adjudged a dependent of the court against an individual or entity, as specified. The bill would authorize the court to award, in addition to damages and equitable relief, reasonable attorney’s fees and costs to the prevailing party. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as Yaeli’s Law. SEC. 2. Section 3011 of the Family Code is amended to read: 3011. (a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following: (1) (A) The health, safety, and welfare of the child. (B) As used in this paragraph, health, safety, and welfare of the child does not include whether a parent refuses to use the child’s legal name, refers to the child by a pronoun consistent with the child’s sex as recorded at birth, treats the child consistent with his or her sex as recorded at birth, or refuses to consent to, or provide, gender-affirming health care or gender-affirming mental health care as defined in Section 16010.2 of the Welfare and Institutions Code. (2) (A) A history of abuse by one parent or any other person seeking custody against any of the following: (i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary. (ii) The other parent. (iii) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship. (B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, “abuse against a child” means “child abuse and neglect” as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means “abuse” as defined in Section 6203. (3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100. (4) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services. As used in this paragraph, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). (5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323. (B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation. (b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child. SEC. 3. Section 273.2 is added to the Penal Code, to read: 273.2. Notwithstanding any other law, using a child’s legal name, referring to a child by a pronoun consistent with the child’s sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute an omission of necessary medical attendance or remedial care under Section 270, nor does it constitute the cause or infliction of unjustifiable physical or mental pain, suffering, or injury to the child or endangerment of the child’s or ward’s person or health under Section 273a or 273b. SEC. 4. Section 11165.2 of the Penal Code is amended to read: 11165.2. As used in this article, “neglect” means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. The term includes both acts and omissions on the part of the responsible person. (a) “Severe neglect” means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. “Severe neglect” also means those situations of neglect where any a person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care. (b) (1) “General neglect” means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred but the child is at substantial risk of suffering serious physical harm or illness. “General neglect” does not include a parent’s economic disadvantage. For (2) For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect. (c) For purposes of this article, notwithstanding any other law, using a child’s legal name, referring to a child by a pronoun consistent with the child’s sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, does not constitute neglect, severe neglect, or general neglect. SEC. 5. Section 11165.3 of the Penal Code is amended to read: 11165.3. (a) As used in this article, “the willful harming or injuring of a child or the endangering of the person or health of a child,” means a situation in which any a person willfully causes or permits any a child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any a child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. (b) For purposes of this article, notwithstanding any other law, using a child’s legal name, referring to a child by a pronoun consistent with the child’s sex as recorded at birth, treating a child consistent with his or her sex as recorded at birth, or refusing to consent to, or provide, gender-affirming health care or gender-affirming mental health care, as defined in Section 16010.2 of the Welfare and Institutions Code, do not constitute unjustifiable physical pain, mental suffering, or endangerment of his or her health. SEC. 6. Section 11165.5 of the Penal Code is amended to read: 11165.5. (a) As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse abuse, as defined in Section 11165.1, neglect neglect, as defined in Section 11165.2, unlawful corporal punishment or injury injury, as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any a facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. “Abuse (b) “Abuse or neglect in out-of-home care” does not include an any of the following: (1) [Text truncated for display. Full text available on Congress.gov.]