N.Y. Court Rejects Order for Foster Child’s Sex-Change Surgery
The New York Law Journal reports on Law.com:
A family court does not have the authority to compel New York City’s Administration for Children’s Services to pay for a foster child’s sex-change operation, an appellate court has ruled.
In an unsigned, unanimous opinion, the Appellate Division, 1st Department, held in In re Brian L., 1407, that while Social Services Law ยง398(6)(c) requires the agency to provide “necessary medical and surgical care” to all children under its aegis, regardless of whether or not they receive Medicaid, Family Court does not have the power to order that a child receive certain care.
“[S]ince such an order would denigrate from ACS’ statutory authority,” the panel reversed a 2007 Family Court order directing that Brian L. receive the sex reassignment surgery that two medical doctors, along with mental health professionals, had deemed medically necessary.