Protecting LGBTQ Youth Act

I 116TH CONGRESS 1ST SESSION H. R. 2775 To amend the Child Abuse Prevention and Treatment Act to ensure protec- tions for lesbian, gay, bisexual, and transgender youth and their families. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Ms. SHALALA (for herself, Ms. HILL of California, Mr. POCAN, Mr. PANETTA, Mr. PAPPAS, Mr. MORELLE, Mrs. CRAIG, Ms. SCANLON, Ms. DAVIDS of Kansas, Mr. CICILLINE, Ms. GARCIA of Texas, Ms. HAALAND, Mr. LOWENTHAL, Mr. CISNEROS, Ms. CLARKE of New York, Ms. NORTON, and Mr. SEAN PATRICK MALONEY of New York) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender 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 VerDate Sep 11 2014 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS 2 •HR 2775 IH (1) in section 104 (42 U.S.C. 5105)— 1 (A) in subsection (a)— 2 (i) in paragraph (1)— 3 (I) by redesignating subpara- 4 graphs (N) and (O) as subparagraphs 5 (O) and (P), respectively; 6 (II) by inserting after subpara- 7 graph (M) the following: 8 ‘‘(N) child abuse and neglect issues facing 9 lesbian, gay, bisexual, and transgender youth 10 and families, including providing recommenda- 11 tions for improving the collection of data at the 12 Federal, State, and local levels to better identify 13 young people who may be at risk of, or experi- 14 encing, child abuse or neglect because of their 15 sexual orientation or gender identity;’’; 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 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS 3 •HR 2775 IH (ii) in paragraph (2), by striking 1 ‘‘paragraph (1)(O)’’ and inserting ‘‘para- 2 graph (1)(P)’’; and 3 (B) in subsection (b), by inserting ‘‘or les- 4 bian, gay, bisexual, and transgender youth’’ 5 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, and transgender youth’’ after ‘‘children with 9 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 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS 4 •HR 2775 IH (ii) by inserting after paragraph (2) 1 the following: 2 ‘‘(3) the assessment and investigation of cases 3 involving lesbian, gay, bisexual, and transgender 4 youth who are suspected victims of child abuse or 5 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, and transgender 17 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, and transgender youth and families)’’ 21 before the semicolon; 22 (6) in section 202 (42 U.S.C. 5116a)— 23 (A) in paragraph (2)— 24 VerDate Sep 11 2014 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS 5 •HR 2775 IH (i) in subparagraph (A), by inserting 1 ‘‘and families with other vulnerable youth, 2 including lesbian, gay, bisexual, and 3 transgender youth’’ before the semicolon; 4 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, and transgender 13 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, and 25 VerDate Sep 11 2014 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS 6 •HR 2775 IH transgender youth, and with the child abuse 1 and neglect prevention activities of the State, 2 and demonstrate a financial commitment to 3 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 and transgender youth’’. 9 Æ VerDate Sep 11 2014 03:18 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2775.IH H2775 kjohnson on DSK79L0C42 with BILLS