John Lewis Every Child Deserves a Family Act

I 117TH CONGRESS 1ST SESSION H. R. 3488 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/ques- tioning foster youth, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2021 Mr. DANNY K. DAVIS of Illinois (for himself, Miss GONZA´LEZ-COLO´N, Ms. CRAIG, and Mr. SEAN PATRICK MALONEY of New York) 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 consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit discrimination on the basis of religion, sex (in- cluding sexual orientation and gender identity), and mar- ital status in the administration and provision of child welfare services; to improve safety, well-being, and per- manency for lesbian, gay, bisexual, transgender, and queer/questioning foster youth, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3488 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘John Lewis Every 2 Child Deserves a Family Act’’. 3 SEC. 2. FINDINGS AND PURPOSE. 4 (a) FINDINGS.—Congress finds the following: 5 (1) Every child or youth unable to live with 6 their family of origin is entitled to a supportive and 7 affirming foster care placement. Federal law re- 8 quires, and child welfare experts recommend, that 9 children and youth be placed with a family or in the 10 most family-like setting available. 11 (2) Thousands of children and youth lack a sta- 12 ble, safe, and loving temporary or permanent home 13 and have been placed in a congregate care setting, 14 which is associated with more placements, poorer 15 educational outcomes, and greater risk of further 16 trauma. More homes are needed to accommodate the 17 growing number of children and youth involved with 18 child welfare services. 19 (3) On the last day of fiscal year 2019, there 20 were an estimated 424,000 children and youth in the 21 United States foster care system, and 122,000 were 22 waiting to be adopted. Tragically, approximately 23 20,000 ‘‘aged out’’ of the child welfare system with- 24 out a forever family, placing them at higher risk of 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3488 IH negative outcomes including poverty, homelessness, 1 incarceration, and early parenthood. 2 (4) Title VI of the Civil Rights Act of 1964 (42 3 U.S.C. 2000d et seq.) protects people from discrimi- 4 nation based on race, color, or national origin in 5 programs, activities, and services administered or 6 performed by child welfare agencies. Eliminating dis- 7 crimination in child welfare based on religion, sex 8 (including sexual orientation and gender identity), 9 and marital status would increase the number and 10 diversity of foster and adoptive homes able to meet 11 the individual needs of children and youth removed 12 from their homes. 13 (5) Lesbian, gay, bisexual, transgender, and 14 queer/questioning (referred to in this Act as 15 ‘‘LGBTQ’’) youth are overrepresented in the foster 16 care system by at least a factor of 2, comprising at 17 least 30 percent of children and youth in foster care; 18 these numbers are higher for transgender and non- 19 binary youth compared to their cisgender LGBQ 20 counterparts. 21 (A) While some LGBTQ youth enter foster 22 care for similar reasons as non-LGBTQ youth, 23 the two most common reasons for LGBTQ 24 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3488 IH youth are high rates of physical abuse and con- 1 flict with parents. 2 (B) LGBTQ foster youth report twice the 3 rate of poor treatment while in care experienced 4 by foster youth who do not identify as LGBTQ 5 and are more likely to experience discrimina- 6 tion, harassment, and violence in the child wel- 7 fare system than their LGBTQ peers not in the 8 child welfare system. 9 (C) Because of high levels of bias, LGBTQ 10 foster youth have a higher average number of 11 placements and higher likelihood of living in a 12 group home than their non-LGBTQ peers, neg- 13 atively affecting mental health outcomes and 14 long-term prospects. 15 (D) Approximately 28 percent of homeless 16 youth with histories of time in foster care iden- 17 tified as LGBTQ and were significantly more 18 likely to experience 7 of 8 adverse events com- 19 pared to their peers with no foster care history. 20 (E) LGBTQ youth in foster care had near- 21 ly 3 times greater odds of reporting a past-year 22 suicide attempt compared to LGBTQ youth 23 who were never in foster care (35% versus 24 13%); these numbers were even higher for 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3488 IH LGBTQ foster youth of color (38%) and high- 1 est for transgender and non-binary foster youth 2 (45%). 3 (F) LGBTQ youth who had been in foster 4 care had over 3 times greater odds of being 5 kicked out, abandoned, or running away due to 6 treatment based on their LGBTQ identity com- 7 pared to those who were never in foster care 8 (27% versus 8%); these numbers were higher 9 for LGBTQ foster youth of color (30%) and 10 highest for transgender and non-binary foster 11 youth (40%). 12 (6) ‘‘Conversion therapy’’ is a form of discrimi- 13 nation that harms LGBTQ people. It undermines an 14 individual’s sense of self-worth, increases suicide ide- 15 ation and substance abuse, exacerbates family con- 16 flict, and contributes to second-class status. No sci- 17 entifically valid evidence supports this discredited 18 practice, which is prohibited by many States and 19 foreign nations. Approximately 350,000 LGBTQ 20 adults were subjected to so-called ‘‘conversion ther- 21 apy’’ as adolescents, and an estimated 16,000 22 LGBTQ youth ages 13 to 17 will be subjected to it 23 by a licensed health care professional before age 18. 24 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3488 IH (7) Many youth, especially LGBTQ youth, in- 1 volved with child welfare services identify with a 2 cross-section of marginalized communities. Youth of 3 color are overrepresented in the foster care system, 4 and the majority of LGBTQ foster youth are youth 5 of color. Children and youth with multiple margina- 6 lized identities often experience more stress and 7 trauma than other youth, compounding the negative 8 effects of discrimination and increasing the likeli- 9 hood of negative outcomes. 10 (8) Prospective parents who experience the 11 heartbreak and dignitary harm of discrimination 12 based on religion, sex (including sexual orientation 13 and gender identity), or marital status may not be 14 able or willing to apply at another agency, resulting 15 in fewer available homes, and knowing that discrimi- 16 nation exists may deter them from even attempting 17 to foster or adopt. 18 (9) Professional organizations that serve chil- 19 dren in the fields of medicine, psychology, law, and 20 child welfare oppose discrimination against prospec- 21 tive parents in adoption and foster care. 22 (10) Religious organizations play a critical role 23 in providing child welfare services. Most welcome all 24 children, youth, and families and affirm a diversity 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3488 IH of religions and faiths. State assessments, planning, 1 and counseling should connect children and youth 2 for whom spirituality and religion are important 3 with affirming, faith-based resources consistent with 4 the faith of the child or youth. 5 (11) Child welfare agencies that refuse to serve 6 same-sex couples and LGBTQ individuals reduce the 7 pool of qualified and available homes for children 8 and youth who need placement on a temporary or 9 permanent basis. 10 (A) Same-sex couples are 7 times more 11 likely to foster and adopt than their different- 12 sex counterparts. 13 (B) Same-sex couples raising adopted chil- 14 dren tend to be older than, just as educated as, 15 and have access to the same economic resources 16 as other adoptive parents. 17 (C) Research shows that sexual orientation 18 is a nondeterminative factor in parental success 19 and that children with same-sex parents have 20 the same advantages and expectations for 21 health, social, and psychological development as 22 children whose parents are different-sex. 23 (D) Discrimination against qualified pro- 24 spective foster and adoptive parents for non- 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3488 IH merit related reasons denies religious minority, 1 LGBTQ, and unmarried relatives the oppor- 2 tunity to become foster and adoptive parents 3 for their own kin in care, including grand- 4 children. 5 (12) LGBTQ families of origin are at risk for 6 discrimination in child welfare referrals, investiga- 7 tions, removals, reunification, kinship placements, 8 and other case management services. A study of low- 9 income African-American mothers showed that those 10 who identified as lesbian or bisexual were four times 11 more likely than their non-LGBTQ counterparts to 12 lose custody of their children in child welfare pro- 13 ceedings. LGBTQ-positive services are necessary to 14 shield families and protect parents’ rights to reunifi- 15 cation. 16 (13) Single people are more likely than couples 17 to experience challenges in adopting due to biases 18 that persist against single-parent adoption. During 19 fiscal year 2019, 29 percent of adoptions from foster 20 care were completed by unmarried single people, in- 21 cluding adoptions by 2,200 single men and more 22 than 16,800 single women. Studies show that the 23 outcomes for children adopted and raised by single 24 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3488 IH parents are just as good as, if not better than, out- 1 comes for children adopted by couples. 2 (14) More nationwide data about the experi- 3 ences of LGBTQ children and youth involved with 4 child welfare services is needed to understand fully 5 the extent and impact of discrimination and ensure 6 accountability. States must report and researchers 7 must collect this sensitive data in an ethical, affirm- 8 ing, and non-intrusive manner, with appropriate 9 safeguards to protect respondents. 10 (b) PURPOSE.—The purposes of this Act are— 11 (1) to prohibit discrimination on the basis of re- 12 ligion, sex (including sexual orientation and gender 13 identity), and marital status in the administration 14 and provision of child welfare services that receive 15 Federal funds; and 16 (2) to improve safety, well-being, and perma- 17 nency for LGBTQ children and youth involved with 18 child welfare services. 19 SEC. 3. EVERY CHILD DESERVES A FAMILY. 20 (a) PROHIBITION.—No child or youth involved with 21 child welfare services, family, or individual shall, on the 22 grounds of religion, sex (including sexual orientation and 23 gender identity), or marital status, be excluded from par- 24 ticipation in, denied the benefits of, or subjected to dis- 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3488 IH crimination in the administration or provision of child wel- 1 fare programs and services by a covered entity receiving 2 Federal financial assistance under part A, B, or E of title 3 IV; title XIX; or title XX of the Social Security Act. 4 (b) PRIVATE RIGHT OF ACTION.—Any individual who 5 is aggrieved by a violation of this Act may bring a civil 6 action seeking relief in an appropriate United States dis- 7 trict court. The court shall award a plaintiff prevailing in 8 such an action all appropriate relief, including injunctive, 9 declaratory, and other equitable relief necessary to carry 10 out this Act, attorneys’ fees, and such other relief as the 11 court deems appropriate. 12 (c) FEDERAL GUIDANCE.—Not later than 6 months 13 after the date of the enactment of this Act, the Secretary 14 shall publish and disseminate guidance with respect to 15 compliance with this Act. 16 (d) TECHNICAL ASSISTANCE.—In order to ensure 17 compliance with and understanding of the legal, practice, 18 and cultural changes required by this Act, the Secretary 19 shall provide technical assistance to all covered entities, 20 including— 21 (1) identifying State laws and regulations in- 22 consistent with this Act, and providing guidance and 23 training to ensure the State laws and regulations are 24 brought into compliance with this Act by the appli- 25 VerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3488 IH cable compliance deadline in effect under subsection 1 (h); 2 (2) identifying casework practices and proce- 3 dures inconsistent with this Act and providing guid- 4 ance and training to ensure the practices and proce- 5 dures are brought into compliance with this Act by 6 the applicable compliance deadline; 7 (3) providing guidance in expansion of recruit- 8 ment efforts to ensure consideration of all prospec- 9 tive adoptive and foster parents regardless of the re- 10 ligion, sex (including sexual orientation and gender 11 identity), or marital status of the prospective parent; 12 (4) creating comprehensive cultural competency 13 training for covered entities and prospective adoptive 14 and foster parents; and 15 (5) training judges and attorneys involved in 16 foster care, guardianship, and adoption cases on the 17 findings and purposes of this Act. 18 (e) SERVICE DELIVERY AND TRAINING.— 19 (1) IN GENERAL.—A covered entity shall pro- 20 vide service deliv [Text truncated for display. Full text available on Congress.gov.]