Gallery Carre
Panel Rejects Order For Sex-Change Surgery (NY Law Jnl)
May 14th, 2008 by Viviane
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, First Department, held that while Social Services Law §398(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.