HR6181-119

What This Bill Does

The John Lewis Every Child Deserves a Family Act creates a Federal nondiscrimination rule for child welfare programs and services that receive Federal financial assistance under Social Security Act title IV-A, IV-B, IV-E, Medicaid, or Social Services Block Grant authorities. Covered entities may not exclude, deny benefits to, or discriminate against a child or youth involved with child welfare services, a family, or an individual based on religion, sex including sexual orientation and gender identity, or marital status. Aggrieved individuals may sue in Federal district court and prevailing plaintiffs can receive injunctive, declaratory, equitable relief, attorneys fees, and other appropriate relief. HHS must publish compliance guidance within six months, provide technical assistance to covered entities, identify inconsistent State laws and casework practices, expand recruitment of foster and adoptive parents, create cultural competency training, and train judges and attorneys in foster care, guardianship, and adoption cases. The bill requires service delivery and staff training that is language-appropriate, gender-appropriate, culturally sensitive, and respectful of social identity. HHS must collect AFCARS data on sexual orientation and gender identity of children, youth, foster parents, and adoptive parents, establish the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services, and may withhold title IV-B or IV-E payments from noncompliant States. GAO must review State compliance within three years, and the Religious Freedom Restoration Act cannot be used as a claim or defense against the Act.

Who Benefits and How

LGBTQ foster youth benefit because child welfare providers receiving Federal funds must provide nondiscriminatory and affirming services and placements. Same-sex couples seeking to foster or adopt benefit because covered entities cannot exclude them based on sexual orientation, gender identity, sex, religion, or marital status. Single prospective foster parents benefit because marital-status discrimination by federally funded child welfare entities is prohibited. Religious minority prospective parents benefit because covered entities cannot deny participation or benefits based on religion. Children in congregate care benefit if expanded recruitment and nondiscrimination increase family-based placement options. Plaintiffs in child welfare discrimination cases benefit from a Federal private right of action and fee-shifting relief.

Who Bears the Burden and How

State child welfare agencies must revise inconsistent laws, regulations, casework practices, data collection, training, and oversight to meet HHS guidance. Faith-based child welfare providers with religious objections must comply with the nondiscrimination rule or risk litigation and funding consequences. Covered child welfare entities must provide culturally competent service delivery, staff training, reporting procedures, and placement practices. HHS child welfare staff must issue guidance, provide technical assistance, collect AFCARS data, run the National Resource Center, and enforce payment withholding. State courts, judges, and attorneys involved in foster care, guardianship, and adoption cases must receive training on the Act’s requirements. GAO auditors must study and report on State compliance within three years.

Key Provisions

• Prohibits federally funded child welfare entities from discriminating based on religion, sex, sexual orientation, gender identity, or marital status.
• Creates a private Federal civil action with injunctive, declaratory, equitable, attorneys-fee, and other relief.
• Requires HHS compliance guidance within six months and technical assistance for State law, casework, recruitment, and training changes.
• Requires language-appropriate, gender-appropriate, culturally sensitive, and social-identity-aware child welfare service delivery.
• Requires AFCARS data collection on sexual orientation and gender identity of child welfare participants and foster or adoptive parents.
• Establishes a National Resource Center for LGBTQ children and youth involved with child welfare services.
• Authorizes HHS to withhold title IV-B or IV-E payments for noncompliance and requires GAO compliance review.