Every Child Deserves a Family Act
This bill prohibits discrimination on the basis of sexual orientation, gender identity, marital status, or religion in the provision of child welfare programs and services by entities receiving federal funding. The Department of Health and Human Services (HHS) must provide technical assistance to help states follow this requirement, including (1) guidance for bringing state laws into compliance, (2) developing training to increase cultural competency related to social identity, and (3) training for judges and attorneys involved in child welfare cases, among other supports.
Additionally, HHS must establish the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services to provide training, technical assistance, and guidance to applicable state and local agencies and service providers.
Further, the Religious Freedom Restoration Act may not be the basis for challenging the application or enforcement of this bill. The Government Accountability Office must study and report on states' compliance with the requirements of the bill no later than three years after enactment.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3114 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3114
To prohibit discrimination on the basis of religion, sex (including
sexual orientation and gender identity), and marital status in the
administration and provision of child welfare services; to improve
safety, well-being, and permanency for lesbian, gay, bisexual,
transgender, and queer/questioning foster youth; and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2019
Mr. Lewis (for himself and Miss Gonzalez-Colon of Puerto Rico)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit discrimination on the basis of religion, sex (including
sexual orientation and gender identity), and marital status in the
administration and provision of child welfare services; to improve
safety, well-being, and permanency for lesbian, gay, bisexual,
transgender, and queer/questioning foster youth; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Child Deserves a Family Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Every child or youth unable to live with their family
of origin is entitled to a supportive and affirming foster care
placement. Federal law requires, and child welfare experts
recommend, that children and youth be placed with a family or
in the most family-like setting available.
(2) Thousands of children and youth lack a stable, safe,
and loving temporary or permanent home and have been placed in
a congregate care setting, which is associated with more
placements, poorer educational outcomes, and greater risk of
further trauma. More homes are needed to accommodate the
growing number of children and youth involved with child
welfare services.
(3) In 2017, there were an estimated 443,000 children and
youth in the United States foster care system, and 123,000 were
eligible and waiting to be adopted. Tragically, approximately
20,000 ``aged out'' of the child welfare system without a
forever family, placing them at higher risk of negative
outcomes including poverty, homelessness, incarceration, and
early parenthood.
(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) protects people from discrimination based on
race, color, or national origin in programs, activities, and
services administered or performed by child welfare agencies.
Eliminating discrimination in child welfare based on religion,
sex (including sexual orientation and gender identity), and
marital status would increase the number and diversity of
foster and adoptive homes able to meet the individual needs of
children and youth removed from their homes.
(5) Lesbian, gay, bisexual, transgender, and queer/
questioning (referred to in this Act as ``LGBTQ'') youth are
overrepresented in the foster care system by at least a factor
of 2, comprising at least 22 to 30 percent of children and
youth in foster care.
(A) While some LGBTQ youth enter foster care for
similar reasons as non-LGBTQ youth, the two most common
reasons for LGBTQ youth are high rates of physical
abuse and conflict with parents.
(B) LGBTQ foster youth report twice the rate of
poor treatment while in care experienced by foster
youth who do not identify as LGBTQ and are more likely
to experience discrimination, harassment, and violence
in the child welfare system than their LGBTQ peers not
in the child welfare system.
(C) Because of high levels of bias, LGBTQ foster
youth have a higher average number of placements and
higher likelihood of living in a group home than their
non-LGBTQ peers, negatively affecting mental health
outcomes and long-term prospects.
(D) Approximately 60 percent of homeless LGBTQ
youth were previously in foster care, and many reported
that living on the streets felt safer than living in a
group or foster home.
(6) ``Conversion therapy'' is a form of discrimination that
harms LGBTQ people. It undermines an individual's sense of
self-worth, increases suicide ideation and substance abuse,
exacerbates family conflict, and contributes to second-class
status. No scientifically valid evidence supports this
discredited practice, which is prohibited by many States and
foreign nations. Approximately 350,000 LGBTQ adults were
subjected to so-called ``conversion therapy'' as adolescents,
and an estimated 20,000 LGBTQ youth ages 13 to 17 will be
subjected to it by a licensed health care professional before
age 18.
(7) Many youth, especially LGBTQ youth, involved with child
welfare services identify with a cross-section of marginalized
communities. Youth of color are overrepresented in the foster
care system, and the majority of LGBTQ foster youth are youth
of color. Children and youth with multiple marginalized
identities often experience more stress and trauma than other
youth, compounding the negative effects of discrimination and
increasing the likelihood of negative outcomes.
(8) Prospective parents who experience the heartbreak and
dignitary harm of discrimination based on religion, sex
(including sexual orientation and gender identity), or marital
status may not be able or willing to apply at another agency,
resulting in fewer available homes, and knowing that
discrimination exists may deter them from even attempting to
foster or adopt.
(9) Professional organizations that serve children in the
fields of medicine, psychology, law, and child welfare oppose
discrimination against prospective parents in adoption and
foster care.
(10) Religious organizations play a critical role in
providing child welfare services. Most welcome all children,
youth, and families and affirm a diversity of religions and
faiths. State assessments, planning, and counseling should
connect children and youth for whom spirituality and religion
are important with affirming, faith-based resources consistent
with the faith of the child or youth.
(11) Child welfare agencies that refuse to serve same-sex
couples and LGBTQ individuals reduce the pool of qualified and
available homes for children and youth who need placement on a
temporary or permanent basis.
(A) Same-sex couples are 7 times more likely to
foster and adopt than their different-sex counterparts.
(B) Same-sex couples raising adopted children tend
to be older than, just as educated as, and have access
to the same economic resources as other adoptive
parents.
(C) Research shows that sexual orientation is a
nondeterminative factor in parental success and that
children with same-sex parents have the same advantages
and expectations for health, social, and psychological
development as children whose parents are different-
sex.
(D) Discrimination against qualified prospective
foster and adoptive parents for non-merit related
reasons denies religious minority, LGBTQ, and unmarried
relatives the opportunity to become foster and adoptive
parents for their own kin in care, including
grandchildren.
(12) LGBTQ families of origin are at risk for
discrimination in child welfare referrals, investigations,
removals, reunification, kinship placements, and other case
management services. A study of low-income African-American
mothers showed that those who identified as lesbian or bisexual
were four times more likely than their non-LGBTQ counterparts
to lose custody of their children in child welfare proceedings.
LGBTQ-positive services are necessary to shield families and
protect parents' rights to reunification.
(13) Single people are more likely than couples to
experience challenges in adopting due to biases that persist
against single-parent adoption. In 2017, 28 percent of
adoptions from foster care were completed by unmarried single
people, including adoptions from almost 2,000 single men and
over 14,800 single women. Studies show that the outcomes for
children adopted and raised by single parents are just as good
as, if not better than, outcomes for children adopted by
couples.
(14) More nationwide data about the experiences of LGBTQ
children and youth involved with child welfare services is
needed to understand fully the extent and impact of
discrimination and ensure accountability. States must report
and researchers must collect this sensitive data in an ethical,
affirming, and non-intrusive manner, with appropriate
safeguards to protect respondents.
(b) Purpose.--The purposes of this Act are--
(1) to prohibit discrimination on the basis of religion,
sex (including sexual orientation and gender identity), and
marital status in the administration and provision of child
welfare services that receive Federal funds; and
(2) to improve safety, well-being, and permanency for LGBTQ
children and youth involved with child welfare services.
SEC. 3. EVERY CHILD DESERVES A FAMILY.
(a) Prohibition.--No child or youth involved with child welfare
services, family, or individual shall, on the grounds of religion, sex
(including sexual orientation and gender identity), or marital status,
be excluded from participation in, denied the benefits of, or subjected
to discrimination in the administration or provision of child welfare
programs and services by a covered entity receiving Federal financial
assistance under part A, B, or E of title IV; title XIX; or title XX of
the Social Security Act.
(b) Private Right of Action.--Any individual who is aggrieved by a
violation of this Act may bring a civil action seeking relief in an
appropriate United States district court. The court shall award a
plaintiff prevailing in such an action all appropriate relief,
including injunctive, declaratory, and other equitable relief necessary
to carry out this Act, attorneys' fees, and such other relief as the
court deems appropriate.
(c) Federal Guidance.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall publish and disseminate
guidance with respect to compliance with this Act.
(d) Technical Assistance.--In order to ensure compliance with and
understanding of the legal, practice, and cultural changes required by
this Act, the Secretary shall provide technical assistance to all
covered entities, including--
(1) identifying State laws and regulations inconsistent
with this Act, and providing guidance and training to ensure
the State laws and regulations are brought into compliance with
this Act by the applicable compliance deadline in effect under
subsection (h);
(2) identifying casework practices and procedures
inconsistent with this Act and providing guidance and training
to ensure the practices and procedures are brought into
compliance with this Act by the applicable compliance deadline;
(3) providing guidance in expansion of recruitment efforts
to ensure consideration of all prospective adoptive and foster
parents regardless of the religion, sex (including sexual
orientation and gender identity), or marital status of the
prospective parent;
(4) creating comprehensive cultural competency training for
covered entities and prospective adoptive and foster parents;
and
(5) training judges and attorneys involved in foster care,
guardianship, and adoption cases on the findings and purposes
of this Act.
(e) Service Delivery and Training.--
(1) In general.--A covered entity shall provide service
delivery to children and youth involved with child welfare
services, families, and adults, and staff training, that
comprehensively addresses the individual strengths and needs of
children and youth involved with child welfare services, as
well as be language appropriate, gender appropriate, and
culturally sensitive and respectful of the complex social
identities of the children and youth, families, and adults
currently or prospectively participating in or receiving child
welfare services.
(2) Social identity.--In this subsection, the term ``social
identity'' includes an individual's race, ethnicity,
nationality, age, religion (including spirituality), sex
(including gender identity and sexual orientation),
socioeconomic status, physical or cognitive ability, language,
beliefs, values, behavior patterns, and customs.
(f) Data Collection.--Using developmentally appropriate best
practices, the Secretary shall collect data through the Adoption and
Foster Care Analysis and Reporting System on--
(1) the sexual orientation and gender identity of children
and youth involved with child welfare services and foster and
adoptive parents; and
(2) whether family conflict related to the sexual
orientation or gender identity of a child or youth was a factor
in the removal of the child or youth from the family.
(g) National Resource Center on Safety, Well-Being, Placement
Stability, and Permanency for LGBTQ Children and Youth Involved With
Child Welfare Services.--
(1) In general.--The Secretary shall establish and maintain
the National Resource Center on Safety, Well-Being, Placement
Stability, and Permanency for LGBTQ Children and Youth Involved
with Child Welfare Services that will promote well-being,
safety, permanency, stability, and family placement for LGBTQ
children and youth involved with child welfare services,
through training, technical assistance, actions, and guidance
that--
(A) increases LGBTQ cultural competency among the
staff of covered entities, and foster, adoptive, and
relative parents, guardians, and caregivers;
(B) promotes the provision of child welfare
services that address the specific needs of LGBTQ
children and youth involved with child welfare services
and their families;
(C) promotes effective and responsible collection
and management of data on the sexual orientation and
gender identity of children and youth in the child
welfare system, with appropriate safeguards to protect
the data;
(D) identifies and promotes promising practices and
evidence-based models of engagement and appropriate
collective and individual services and interventions
that can be linked to improved outcomes for LGBTQ
children and youth in the child welfare system;
(E) endorses best practices for human resource
activities of covered entities, including in hiring,
staff development, and implementing a system of
accountability to carry out those best practices; and
(F) initiates other actions that improve safety,
well-being, placement stability, and permanency
outcomes for LGBTQ children and youth involved with
child welfare services at the State and local level.
(2) Activities.--The Secretary shall carry out the
collection and analysis of data and the dissemination of
research to carry out this subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to establish and maintain the National Resource
Center on Safety, Well-Being, Placement Stability, and
Permanency for LGBTQ Children and Youth Involved with Child
Welfare Services and carry out the activities described in this
subsection.
(h) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (2), a
covered entity shall comply with this section not later than 6
months after publication of the guidance referred to in
subsection (c), or 1 year after the date of the enactment of
this Act, whichever occurs first.
(2) Authority to extend deadline.--If a State demonstrates
to the satisfaction of the Secretary that it is necessary to
amend State law in order to change a particular practice that
is inconsistent with this Act, the Secretary may extend the
compliance date for the State and any covered entities in the
State a reasonable number of days after the close of the first
State legislative session beginning after the date the guidance
referred to in subsection (c) is published.
(3) Authority to withhold funds.--If the Secretary finds
that a covered entity has failed to comply with this Act, the
Secretary may withhold payment to the State of amounts
otherwise payable to the State under part B or E of title IV of
the Social Security Act, to the extent determined by the
Secretary.
(i) GAO Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study to determine whether the States
have substantially complied with this Act, including
specifically whether the States have--
(A) eliminated all policies, practices, or laws
that permit a covered entity to violate subsection (a);
(B) provided necessary training and technical
support to covered entities to ensure all services to
children and youth involved with child welfare services
are carried out in a non-discriminatory, affirming,
safe, and culturally competent manner;
(C) collected data necessary to accomplishing the
purposes of this Act, and ensured that the data is
appropriately safeguarded, including data related to--
(i) the sexual orientation and gender
identity of children and youth involved with
child welfare services;
(ii) the permanency and placement outcomes
and rates for those children and youth, as
compared to their non-LGBTQ peers;
(iii) the rates at which those children and
youth are placed in family homes as compared to
congregate or group homes;
(iv) the sexual orientation, gender
identity, and marital status of foster and
adoptive parents, as well as the placement
rates and wait periods for those foster and
adoptive parents; and
(D) ensured that covered entities--
(i) are in compliance with this Act; and
(ii) have implemented procedures for
children and youth involved with child welfare
services, or individuals or families
participating in, or seeking to participate in,
child welfare services, to report violations of
this Act.
(2) Report to the congress.--Not later than 6 months after
completing the study required by paragraph (1), the Comptroller
General shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a written report that contains the results of the study.
(j) Relation to Other Laws.--
(1) Rule of construction.--Nothing in this Act shall be
construed to invalidate or limit rights, remedies, or legal
standards under title VI of the Civil Rights Act of 1964.
(2) Certain claims.--The Religious Freedom Restoration Act
of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim
concerning, or a defense to a claim under, this Act, or provide
a basis for challenging the application or enforcement of this
Act.
(k) Definitions.--In this section:
(1) Child or youth involved with child welfare services.--
The term ``child or youth involved with child welfare
services'' means an individual, aged 23 or younger, who
participates in child welfare programs or services that receive
Federal financial assistance under part A, B, or E of title IV;
title XIX; or title XX of the Social Security Act.
(2) Conversion therapy.--
(A) In general.--The term ``conversion therapy''
means a form of discrimination that includes any
practice or treatment which seeks to change the sexual
orientation or gender identity of an individual,
including efforts to change behaviors or gender
expressions or to eliminate or reduce sexual or
romantic attractions or feelings toward individuals of
the same gender.
(B) Exclusions.--The term ``conversion therapy''
does not include counseling that provides assistance to
an individual undergoing gender transition, or
counseling that provides acceptance, support, and
understanding of an individual or facilitates an
individual with coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or address
unlawful conduct or unsafe sexual practices.
(3) Covered entity.--The term ``covered entity'' means an
entity that--
(A) receives Federal financial assistance under
part A, B, or E of title IV; title XIX; or title XX of
the Social Security Act; and
(B) is involved in the administration or provision
of child welfare programs or services.
(4) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the designated sex of the individual at birth.
(5) Religion; sex (including sexual orientation and gender
identity), or marital status.--The term ``religion, sex
(including sexual orientation and gender identity), or marital
status'', used with respect to an individual, includes--
(A) the religion, sex (including sexual orientation
and gender identity), or marital status, respectively,
of another person with whom the individual is or has
been associated; and
(B) a perception or belief, even if inaccurate,
concerning the religion, sex (including sexual
orientation and gender identity), or marital status,
respectively, of the individual.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Sex.--The term ``sex'' includes--
(A) a sex stereotype;
(B) pregnancy, childbirth, or a related medical
condition;
(C) sexual orientation or gender identity; and
(D) sex characteristics, including intersex traits.
(8) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(9) State.--The term ``State'' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, and
American Samoa.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
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