GUARD Act

This bill amends the Child Abuse Prevention and Treatment Act (CAPTA) to impose new conditions on states receiving federal funding under the Act. It prohibits states from taking adverse actions or discriminating against parents, guardians, or legal representatives who oppose medical, surgical, pharmacological, or psychological treatments, or social changes like clothing, name, or pronoun use, related to affirming a minor's gender identity. This applies when the claimed identity is, in the parent's view, inconsistent with the minor's biological sex as determined at or before birth , regardless of any medical diagnosis such as gender dysphoria. The legislation establishes an enforcement mechanism allowing any parent, guardian, or legal representative who experiences such discrimination by a state to bring an action against the Department of Health and Human Services. This action could seek to enjoin the Secretary from continuing CAPTA funding to the non-compliant state and require the state to return any funds received in violation of the Act.