H.R. 1866 — GUARD Act

This section establishes new eligibility requirements for states to receive grants under the Child Abuse Prevention and Treatment Act (CAPTA), which provides formula funding to states for child abuse and neglect prevention and treatment programs. Specifically, it prohibits a state from receiving CAPTA funding if the state takes any adverse action or discriminates against a parent, guardian, or legal representative who opposes medical interventions (e.g., surgery, drugs), social affirming practices (e.g., clothing, name, or pronoun use), or other changes related to a minor's gender identity that the parent estimates conflicts with the minor's biological sex as determined at or before birth—regardless of any diagnosis of gender dysphoria or similar conditions. It further authorizes affected parents, guardians, or legal representatives to sue the Department of Health and Human Services in federal or state court to enjoin CAPTA awards to violating states and require return of such funds to the Treasury.