[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4629 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4629
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 or questioning foster youth, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mrs. Gillibrand (for herself, Mr. Wyden, Ms. Baldwin, Mr. Bennet, Mr.
Blumenthal, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr.
Carper, Mr. Casey, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr.
Durbin, Mr. Fetterman, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr.
Kelly, Mr. King, Ms. Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez,
Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr.
Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms.
Sinema, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Ms. Warren, Mr. Welch,
and Mr. Whitehouse) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
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 or 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 ``John Lewis 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) On the last day of fiscal year 2022, there were an
estimated 368,000 children and youth in the United States
foster care system, and 108,000 were waiting to be adopted.
Tragically, approximately 18,000 ``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 or
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 30 percent of children and youth in
foster care. These numbers are higher for transgender and
nonbinary youth compared to their cisgender LGBQ counterparts.
(A) While some LGBTQ youth enter foster care for
similar reasons as non-LGBTQ youth, the 2 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 28 percent of homeless youth with
histories of time in foster care identified as LGBTQ
and were significantly more likely to experience 7 of 8
adverse events, such as being physically harmed, or
being stigmatized or discriminated against, compared to
their peers with no foster care history.
(E) LGBTQ youth in foster care had nearly 3 times
greater odds of reporting a past-year suicide attempt
compared to LGBTQ youth who were never in foster care
(35 percent for those youth in foster care as compared
to 13 percent for those youth who were never in foster
care). These numbers were even higher for LGBTQ foster
youth of color (38 percent) and highest for transgender
and nonbinary foster youth (45 percent).
(F) LGBTQ youth who had been in foster care had
over 3 times greater odds of being kicked out,
abandoned, or running away due to treatment based on
their LGBTQ identity compared to those who were never
in foster care (27 percent for those youth who had been
in foster care as compared to 8 percent for those youth
who had never been in foster care). These numbers were
higher for LGBTQ foster youth of color (30 percent) and
transgender and non-binary foster youth (40 percent).
(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 16,000 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 4 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. During fiscal year 2022, 29
percent of adoptions from foster care were completed by
unmarried single people, including adoptions by some 2000
single men and more than 13,000 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 be
subjected to discrimination in the administration or provision of child
welfare programs and services by a covered entity.
(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 determines 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--
(A) comprehensively addresses the individual
strengths and needs of children and youth involved with
child welfare services; and
(B) is 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 (referred to in this Act as the
``National Resource Center'') 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) increase LGBTQ cultural competency among the
staff of covered entities, and foster, adoptive, and
relative parents, guardians, and caregivers;
(B) promote 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) promote 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) identify and promote 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) endorse 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) initiate 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