Florida courts could take 'emergency' custody of kids with trans parents or siblings — even if they live in another state

A proposed bill making its way through the Florida State Senate would allow the state "emergency jurisdiction" over children who receive or are "at risk of" receiving gender-affirming care — or if their parent receives it themselves.

Senate Bill 254, introduced Friday by State Senator Clay Yarborough, would grant the court authority to take emergency custody of kids under the same statute that protects them from domestic violence and abuse.

The state could take temporary custody of children if "it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child" is "at risk of or is being subjected to the provision of sex reassignment prescriptions or procedures," according to the proposed bill text.

The proposed bill defines sex reassignment prescriptions or procedures as hormone therapy, puberty blockers, and surgeries or procedures that "affirm a person's perception of his or her sex if that perception is inconsistent with the person's sex" at birth.

The court would also be granted "jurisdiction to vacate, stay, or modify a child custody determination of a court of another state to protect the child from the risk of being subjected to the provision of sex-reassignment prescriptions or procedures," according to the proposed bill text. "The court must vacate, stay, or modify the child custody determination to the extent necessary to protect the child from the provision of such prescriptions or procedures."

Representatives for Yarborough, who sponsored the bill, did not immediately respond to Insider's request for comment.

Alejandra Caraballo, a clinical instructor at Harvard Law School's Cyberlaw Clinic and former staff attorney at the Transgender Legal Defense and Education Fund, tweeted that the proposed law would allow "legal kidnapping" of trans kids and is part of a "full on war against trans people in the state of Florida."

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