S. 5593

Yaeli Martinez Child Protection Act

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I Amendments to the Child Abuse Prevention and Treatment Act

Sec. 103. Reports

Section 107 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c) is amended—

(1) in subsection (e)(2)(A), by inserting , provided the alternative does not violate the limitations set forth in subsection (f) before the semicolon;

(2) by redesignating subsection (f) as subsection (g); and

(3) by inserting after subsection (e) the following:

Text this section adds to the law

(f) Limitations

(1) In general. No State task force review or recommendation made pursuant to this section shall—

(A) recommend any reform of State law, ordinance, regulation, protocol, or procedure that would expand the definition of child abuse, child neglect, parental unfitness or incapacity to encompass a parent's, legal guardian's, or caregiver's affirmation of the child’s sex; or

(B) recommend, promote, facilitate or endorse the use of any training program, clinical protocol, or professional standard that is inconsistent with section 115.

(2) Withholding and recoupment for noncompliance. A State task force that issues any recommendation prohibited as described in paragraph (1) shall be deemed to be in noncompliance with this section, and the Secretary shall—

(A) withhold any further assistance until such prohibited recommendation is formally rescinded by the State task force and the Secretary certifies that the task force is in compliance with paragraph (1); and

(B) if the funds have already been disbursed during the period of noncompliance, recover such funds in accordance with the graduated penalty formula set forth in section 115(e)(3) for the total funds provided for that grant period.

II Amendments to the Social Security Act

III Amendments to the full faith and credit for child custody determinations