S. 851 — GUARD Act

This section establishes state grant requirements under the Child Abuse Prevention and Treatment Act (CAPTA) by inserting a new section 4 that (1) prohibits states from receiving CAPTA funding if they take adverse action or discriminate against parents, guardians, or legal representatives who oppose medical, surgical, pharmacological, psychological treatment, or other medical interventions, or clothing, name or pronoun use, or other social changes or practices related to transitioning to or affirming a minor's gender identity inconsistent with the minor's biological sex as determined at or before birth, regardless of medical diagnoses; and (2) authorizes affected parents, guardians, or legal representatives to sue the Department of Health and Human Services in federal or state court to enjoin such funding awards and require states to return the funds to the Treasury.