Equality for Families with Disabilities Act
This bill requires state child welfare systems, as a condition of participation in certain federal grant programs, to provide supportive family services and procedural safeguards for individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or seeking to become foster or adoptive parents.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8335 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8335
To protect individuals with disabilities who are parents, legal
guardians, relatives, other caregivers, foster or adoptive parents, or
individuals seeking to become foster or adoptive parents from
discrimination in the child welfare system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2022
Mr. Langevin (for himself, Ms. Bass, Mr. Bacon, Mr. Fitzpatrick, and
Mrs. Lawrence) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To protect individuals with disabilities who are parents, legal
guardians, relatives, other caregivers, foster or adoptive parents, or
individuals seeking to become foster or adoptive parents from
discrimination in the child welfare system.
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 ``Equality for Families with
Disabilities Act''.
SEC. 2. FINDING.
The Congress finds that title II of the Americans with Disabilities
Act of 1990 and section 504 of the Rehabilitation Act of 1973 protect
qualified individuals with disabilities, which can include children,
parents, legal guardians, relatives, other caregivers, foster and
adoptive parents, and individuals seeking to become foster or adoptive
parents, from discrimination by child welfare agencies and courts.
SEC. 3. STATE PLAN REQUIREMENTS FOR PROTECTING INDIVIDUALS WITH
DISABILITIES WHO ARE PARENTS, LEGAL GUARDIANS, RELATIVES,
OTHER CAREGIVERS, FOSTER OR ADOPTIVE PARENTS, OR
INDIVIDUALS SEEKING TO BECOME FOSTER OR ADOPTIVE PARENTS.
(a) In General.--Section 422(b) of the Social Security Act (42
U.S.C. 622(b)) is amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting a semicolon; and
(3) by adding at the end the following:
``(20) explain the procedural safeguards and supportive
parenting services provided to individuals with disabilities
who are parents, legal guardians, relatives, other caregivers,
foster or adoptive parents, or individuals seeking to become
foster or adoptive parents, from the time of earliest
interaction with a family through any ongoing judicial or
administrative proceeding, including a description of how each
such individual receives--
``(A) a fact-specific, individualized parenting
assessment that does not rely on generalizations but
evaluates the strengths, needs, and capabilities of the
ndividual with a disability, based on objective
evidence, personal circumstances, and demonstrated
competencies; and
``(B) parenting education that is peer-reviewed or
a best practice for use; and
``(21) demonstrate meaningful efforts to provide supportive
services and accommodations, directly or by referral, to ensure
full and equal opportunities for participation by individuals
with disabilities who are parents, legal guardians, relatives,
other caregivers, foster or adoptive parents, or individuals
seeking to become foster or adoptive parents, including by
making available training on the rights of individuals with
disabilities who are involved with child welfare proceedings
and how to ensure full and equal participation of the
individuals in the proceedings, and, in the case of child
welfare professionals or court personnel, how to conduct
parenting assessments and provide parenting education to
various populations of individuals with disabilities to ensure
that any restrictions on parental rights are not imposed solely
on the basis of disability.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect 1 year after the materials required by
section 5 of this Act are disseminated, and shall apply to
payments under subpart 1 of part B of title IV of the Social
Security Act for calendar quarters beginning on or after such
date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to
subpart 1 of part B of title IV of the Social Security Act to
meet the additional requirements imposed by the amendments made
by subsection (a), the plan shall not be regarded as failing to
meet any of the additional requirements before the 1st day of
the 1st calendar quarter beginning after the first regular
session of the State legislature that begins 1 year after the
materials required by section 5 of this Act are disseminated.
For purposes of the preceding sentence, if the State has a 2-
year legislative session, each year of the session is deemed to
be a separate regular session of the State legislature.
SEC. 4. AMENDMENTS TO THE STATE COURT IMPROVEMENT PROGRAM.
(a) In General.--Section 438 of the Social Security Act (42 U.S.C.
629h) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(F) that determine child placements in any case
involving an individual with a disability who is a
parent, legal guardian, relative, other caregiver,
foster or adoptive parent, or an individual seeking to
become an adoptive or foster parent;''; and
(B) in paragraph (2)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) in subparagraph (C), by striking the
period and inserting ``and''; and
(iii) by adding at the end the following:
``(D) to ensure full and equal opportunities for
individuals with disabilities who are parents, legal
guardians, relatives, other caregivers, foster or
adoptive parents, or individuals seeking to become
foster or adoptive parents, consistent with title II of
the Americans with Disabilities Act and section 504 of
the Rehabilitation Act of 1973;''; and
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(2);
(B) in subparagraph (C)--
(i) by striking ``(C) in the case of a
grant for any purpose described in subsection
(a),'' and inserting ``(3)''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) a demonstration of meaningful efforts by the highest
court in the State to ensure that each court in the State
affords full and equal opportunities for participation by
individuals with disabilities who are parents, legal guardians,
relatives, other caregivers, foster or adoptive parents, or
individuals seeking to become foster or adoptive parents,
including by working with the State agency administering, or
supervising the administration of, a plan under this part or
part E, and, as applicable, Indian tribes or tribal
organizations, to make available training on the rights of
individuals with disabilities who are involved with child
welfare proceedings and how to ensure full and equal
participation of the individuals in the proceedings, and, in
the case of child welfare professionals or court personnel, how
to conduct parenting assessments and provide parenting
education to various populations of individuals with
disabilities.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the 1st day of the 1st Federal fiscal year that begins
after the date of the enactment of this Act.
SEC. 5. EDUCATION AND TRAINING.
Subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 620-628b) is amended by adding at the end the following:
``SEC. 429A. EDUCATION AND TRAINING.
``(a) In General.--The Secretary and the Attorney General, in
consultation with the entities referred to in subsection (b), shall--
``(1) directly or by contract, jointly revise the technical
assistance provided in August 2015 for State and local child
welfare agencies and courts on protecting the rights of parents
and prospective parents with disabilities, to--
``(A) include recommended minimum guidelines for
ensuring compliance with protections offered under
Federal law, which shall reflect evidence-based or best
practices in the field;
``(B) address the amendments made by the Equality
for Families with Disabilities Act;
``(C) describe the requirements imposed by or under
the amendments and the mechanisms by which the
requirements will be enforced; and
``(D) include education and training materials that
include, at minimum, guidelines for--
``(i) conducting individualized parenting
assessments of persons with disabilities that--
``(I) are, where possible, peer-
reviewed or a best practice, and always
fact-specific; and
``(II) evaluate the strengths,
needs, and capabilities of a particular
person with disabilities based on
objective evidence, personal
circumstances, demonstrated
competencies, and other factors that
are divorced from generalizations and
stereotypes regarding people with
disabilities;
``(ii) providing full and equal
opportunities to benefit from or participate in
child welfare programs, services, and
activities that are equal to those extended to
individuals without disabilities, including the
use of disability-specific, peer-reviewed, or
best practice parenting training tools and
reasonable modifications in policies,
practices, and procedures when necessary to
avoid discrimination; and
``(iii) reunifying families in cases
involving individuals with disabilities;
``(2) ensure that the revised technical assistance is
addressed to States, Indian tribes, and courts; and
``(3) within 1 year after the date of the enactment of this
section, disseminate the revised technical assistance to
States, tribes, and courts.
``(b) Consultation Entities.--The entities referred to in this
subsection shall include:
``(1) Federal entities, such as--
``(A) the Assistant Secretary for the
Administration for Children and Families of the
Department of Health and Human Services;
``(B) the Administrator of the Administration for
Community Living of the Department of Health and Human
Services;
``(C) the Assistant Attorney General for the Civil
Rights Division of the Department of Justice;
``(D) the Chairperson of the National Council on
Disability; and
``(E) the Commissioner of Administration for Native
Americans;
``(2) State, local, and tribal entities, such as--
``(A) State, local, and tribal child welfare
agencies;
``(B) Protection and Advocacy Systems;
``(C) a representative of the State Councils on
Developmental Disabilities;
``(D) a representative of the Conference of Chief
Justices; and
``(E) a representative of the Conference of State
Court Administrators;
``(3) disability and child welfare community entities, such
as--
``(A) individuals representing the disability
community and reflecting the diverse characteristics of
the members of that community, including individuals
with disabilities who have been discriminated against
in the child welfare system; and
``(B) child welfare professionals; and
``(4) representatives of such other agencies or entities as
the Secretary may designate.''.
SEC. 6. REPORT TO CONGRESS.
Within 4 years after the date of the enactment of this Act, the
Secretary of Health and Human Services 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 on the implementation of this
Act. The report shall include the following:
(1) A description and analysis of amended State plans for
child welfare services that have been submitted as a result of
this Act, including the effect of the amendments on the
treatment of and opportunities for participation afforded to
individuals with disabilities who are parents, legal guardians,
relatives, other caregivers, foster or adoptive parents, or
individuals seeking to become foster or adoptive parents.
(2) A description of procedures put in place by State
agencies administering or supervising the administration of a
plan developed or approved under part B or E of title IV of the
Social Security Act to ensure that each individual with a
disability who is a parent, legal guardian, relative, other
caregiver, foster or adoptive parent, or individual seeking to
become a foster or adoptive parent receives a fact-specific,
individualized parenting assessment and parenting education.
(3) A description and analysis of efforts made by the
highest court of each State to afford full and equal
opportunities for participation by individuals with
disabilities who are parents, legal guardians, relatives, other
caregivers, foster or adoptive parents, or individuals seeking
to become foster or adoptive parents who are involved in child
welfare proceedings.
(4) An analysis of the outcomes for individuals with
disabilities who are parents, legal guardians, relatives, other
caregivers, foster or adoptive parents, or individuals seeking
to become foster or adoptive parents when involved in child
welfare proceedings before or after the enactment of this Act,
including the rate at which the parental rights of the
individuals are terminated.
(5) An analysis of the specific revisions made to the 2015
technical assistance referred to in section 5(a)(1) of this Act
in accordance with the requirements of section 5 of this Act,
and a list of all consultation entities that were consulted in
the revision process.
(6) An analysis of how State agencies administering or
supervising the administration of a plan developed or approved
under part B or E of title IV of the Social Security Act, as
applicable, Indian tribes or tribal organizations, and the
highest court of each State have used the technical assistance
revised as required by section 5 of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Worker and Family Support.
Sponsor introductory remarks on measure. (CR H6612)
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