Protecting LGBTQ Youth Act

II 117TH CONGRESS 1ST SESSION S. 1497 To amend the Child Abuse Prevention and Treatment Act to ensure protec- tions for lesbian, gay, bisexual, transgender, and queer youth and their families. IN THE SENATE OF THE UNITED STATES APRIL 29, 2021 Mr. KAINE (for himself and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, transgender, and queer youth and their families. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting LGBTQ 4 Youth Act’’. 5 SEC. 2. AMENDMENTS TO CAPTA. 6 The Child Abuse Prevention and Treatment Act (42 7 U.S.C. 5101 et seq.) is amended— 8 (1) in section 104 (42 U.S.C. 5105)— 9 VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1497 IS (A) in subsection (a)— 1 (i) in paragraph (1)— 2 (I) by redesignating subpara- 3 graphs (N) and (O) as subparagraphs 4 (O) and (P), respectively; 5 (II) by inserting after subpara- 6 graph (M) the following: 7 ‘‘(N) child abuse and neglect issues facing 8 lesbian, gay, bisexual, transgender, and queer 9 youth and families, including providing rec- 10 ommendations for improving the collection of 11 data at the Federal, State, and local levels to 12 better identify young people who may be at risk 13 of, or experiencing, child abuse or neglect be- 14 cause of their sexual orientation or gender iden- 15 tity;’’; 16 (III) in subparagraph (O), as so 17 redesignated, by striking ‘‘subpara- 18 graph (O)’’ and inserting ‘‘subpara- 19 graph (P)’’; and 20 (IV) in clause (ix) of subpara- 21 graph (P), as so redesignated, by in- 22 serting ‘‘(including sexual orientation 23 and gender identity)’’ after ‘‘sex’’; and 24 VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1497 IS (ii) in paragraph (2), by striking 1 ‘‘paragraph (1)(O)’’ and inserting ‘‘para- 2 graph (1)(P)’’; and 3 (B) in subsection (b)(1), by inserting ‘‘or 4 lesbian, gay, bisexual, transgender, and queer 5 youth’’ after ‘‘children with disabilities’’; 6 (2) in section 105(a)(1)(E) (42 U.S.C. 7 5106(a)(1)(E)), by inserting ‘‘and lesbian, gay, bi- 8 sexual, transgender, and queer youth’’ after ‘‘chil- 9 dren with disabilities’’; 10 (3) in section 106(d)(1) (42 U.S.C. 11 5106a(d)(1)), by inserting ‘‘, disaggregated by de- 12 mographic characteristics such as age, sex (including 13 sexual orientation and gender identity), race, family 14 structure, household relationship, school enrollment 15 and education attainment, disability, grandparents 16 as caregivers, labor force status, work status in pre- 17 vious year, and income in previous year’’ before the 18 period; 19 (4) in section 107 (42 U.S.C. 5106c)— 20 (A) in subsection (a)— 21 (i) by redesignating paragraphs (3) 22 and (4) as paragraphs (4) and (5), respec- 23 tively; and 24 VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1497 IS (ii) by inserting after paragraph (2) 1 the following: 2 ‘‘(3) the assessment and investigation of cases 3 involving lesbian, gay, bisexual, transgender, and 4 queer youth who are suspected victims of child abuse 5 or neglect;’’; 6 (B) in subsection (b)(5), by striking ‘‘para- 7 graphs (1) through (3)’’ and inserting ‘‘para- 8 graphs (1) through (4)’’; and 9 (C) in subsection (c)(1)— 10 (i) by redesignating subparagraphs 11 (G) through (J) as subparagraphs (H) 12 through (K), respectively; and 13 (ii) by inserting after subparagraph 14 (F) the following: 15 ‘‘(G) individuals experienced in working 16 with lesbian, gay, bisexual, transgender, and 17 queer youth and families;’’; 18 (5) in section 201(b)(1)(G) (42 U.S.C. 19 5116(b)(1)(G)), by inserting ‘‘(including lesbian, 20 gay, bisexual, transgender, and queer youth and 21 families)’’ before the semicolon; 22 (6) in section 202 (42 U.S.C. 5116a)— 23 (A) in paragraph (2)— 24 VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1497 IS (i) in subparagraph (A), by inserting 1 ‘‘and families with other vulnerable youth, 2 including lesbian, gay, bisexual, 3 transgender, and queer youth’’ before the 4 semicolon; and 5 (ii) in subparagraph (B), by striking 6 ‘‘and public sector and private nonprofit 7 sector service providers, and parents with 8 disabilities’’ and inserting ‘‘public sector 9 and private nonprofit sector service pro- 10 viders, parents with disabilities, and par- 11 ents of other vulnerable youth, including 12 lesbian, gay, bisexual, transgender, and 13 queer youth’’; and 14 (B) in paragraph (3)— 15 (i) in subparagraph (C), by striking ‘‘; 16 and’’ and inserting a semicolon; 17 (ii) in subparagraph (D), by striking 18 the period and inserting ‘‘; and’’; and 19 (iii) by adding at the end the fol- 20 lowing: 21 ‘‘(E) will integrate its efforts with individ- 22 uals and organizations experienced in working 23 in partnership with families with vulnerable 24 youth, including lesbian, gay, bisexual, 25 VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1497 IS transgender, and queer youth, and with the 1 child abuse and neglect prevention activities of 2 the State, and demonstrate a financial commit- 3 ment to those activities.’’; and 4 (7) in section 206(4) (42 U.S.C. 5116f(4)), by 5 striking ‘‘and parents with disabilities’’ and inserting 6 ‘‘parents with disabilities, and families with other 7 vulnerable youth, including lesbian, gay, bisexual, 8 transgender, and queer youth’’. 9 Æ VerDate Sep 11 2014 01:30 May 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1497.IS S1497 kjohnson on DSK79L0C42PROD with BILLS