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A 1710

Provides for coverage for certain individuals under the 1332 state innovation program

2025 Regular Session Introduced by George Alvarez and 50 co-sponsors

New Jersey can claim custody jurisdiction and grant emergency power if a child travels there for gender-affirming care, to protect timely treatment.

REFERRED TO HEALTH
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WeVote Research Nonpartisan
Bill Summary · A 1710

Summary of Assembly Bill A 1710

Note: The bill text provided focuses on issues of child custody jurisdiction and gender-affirming health care. The title in the summary you provided mentions the 1332 state innovation program, but the enacted content relates to custody jurisdiction and gender-affirming care.

Overview

  • Bill Number: A 1710
  • Title (as reflected in the introduced text): An Act concerning gender-affirming care, amending P.L.2004, c.147 and supplementing Title 2A and other Revised Statutes.
  • Purpose: To modify New Jersey child custody jurisdiction rules to address situations involving a child’s presence in the state for gender-affirming health care, and to authorize temporary emergency jurisdiction when needed for such care.
  • Introduced: January 9, 2024
  • Status: REFERRED TO HEALTH (as of the provided records); re-referenced to Health on 2025-01-14.

What the bill would do (Key Provisions)

  • Jurisdictional expansion for custody determinations (Section 13 changes):

    • The bill amends the criteria under which New Jersey courts can exercise initial child custody jurisdiction.
    • Crucially, it adds a specific provision: the presence of a child in New Jersey for the purpose of receiving gender-affirming health care (as defined by the bill’s Section 5) is sufficient to meet the “home state” criteria in subsection a(2)(a) of Section 13.
    • This means New Jersey could claim or exercise jurisdiction in custody matters if the child is physically present in NJ to obtain gender-affirming care, even if other traditional home-state connections are limited.

  • Temporary emergency jurisdiction (Section 16 changes):

    • A court in New Jersey may exercise temporary emergency jurisdiction if the child is present in the state and needs gender-affirming health care that is unavailable in the child’s home state.
    • This provision addresses emergencies to protect the child’s health and safety when access to care elsewhere is inadequate.

  • Inconvenient forum and related procedures (Section 19 changes):

    • The bill retains and refines the standard for declining to exercise jurisdiction if New Jersey is deemed an inconvenient forum.
    • It directs courts to consider factors such as domestic violence, duration of residence outside NJ, distance, financial considerations, evidence location, and the expediency of resolving the issues.
    • If NJ determines it is an inconvenient forum, proceedings may be stayed to allow initiation of custody proceedings in another designated state, with conditions as appropriate.

  • Definitions and references:

    • The bill references a forthcoming definition of “gender-affirming health care” (Section 5) and notes the related term is “pending before the Legislature.”

Affected Parties

  • Children who may require gender-affirming health care.
  • Parents or guardians involved in custody litigation.
  • Health-care providers and the child’s care team, insofar as custody determinations intersect with treatment access.
  • Courts in New Jersey handling custody and emergency jurisdiction matters.

Procedural and Timeline Aspects

  • Introduced 1/9/2024; referred to Assembly Health Committee.
  • Status shows continued referral to HEALTH (listed again on 2025-01-14), indicating ongoing consideration.
  • The bill relies on a forthcoming statutory definition of gender-affirming health care (Section 5), which will shape its application.

Potential Impacts

  • Increases New Jersey’s ability to advocate for timely access to gender-affirming care in custody disputes.
  • Creates a framework for emergency jurisdiction to protect a child’s access to care when unavailable in the home state.
  • Could affect interstate custody dynamics by prioritizing state interests tied to the child’s health care needs.

Related Legislative Activity

  • Companion and related bills listed (e.g., S 1628; S 3762) indicating broader legislative activity on gender-affirming care and custody issues.

Compiled from official sources — confirm details with the bill’s official record.

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