,,ii #aacth ,,congress #ast ,session ,s4 #ajfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mrs4 ,gillibrand 7for herself1 ,mr4 ,schumer1 ,ms4 ,warren1 ,mrs4 ,murray1 ,mr4 ,wyden1 ,mr4 ,franken1 and ,mr4 ,lautenberg7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to prohibit discrimination in adoption or foster care placements based on the sexual orientation1 gender identity1 or marital status of any prospective adoptive or foster parent1 or the sexual orientation or gender identity of the child involved4 #a4 ,short title ,this ,act may be cited as the ,every ,child ,deserves a ,family ,act4 #b4 ,congressional findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,there is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system4 ,as a result1 thousands of foster children lack a permanent and safe home4 7#b7 ,in order to open more homes to foster children1 child welfare agencies should work to eliminate sexual orientation1 gender identity1 and marital status discrimination and bias in adoption and foster care recruitment1 selection1 and placement procedures4 7#c7 ,of the estimated #djj1jjj children in the ,united ,states foster care system1 more than #ajd1jjj cannot return to their original families and are legally free for adoption4 7,a7 #ej1eaf children were adopted in #bjaa1 while #bf1bhf youth aged out of the foster care system4 7,b7 ,research shows that youth who age out of the foster care system are at a high risk for poverty1 homelessness1 incarceration1 and early parenthood4 7,c7 ,increasing adoption rates1 in addition to establishing permanency and decreasing risk factors for foster youth1 can yield annual national cost savings between #c1cjj1jjj1jjj and #f1cjj1jjj1jjj4 7#d7 ,experts agree that in many ,states1 lesbian1 gay1 bisexual1 and transgender youth experience discrimination1 harassment1 and violence in the foster care system because of their sexual orientation or gender identity4 7#e7 ,approximately #fj percent of homeless lesbian1 gay1 bisexual1 and transgender youth were previously in foster care4 ,according to the ,urban ,justice ,center1 many of these young people reported that living on the streets felt safer than living in their group or foster home4 7#f7 ,according to the ,williams ,institute1 an estimated #ai percent of same-sex couple households include children under #ah years of age4 7#g7 ,the ,williams ,institute estimates that #c1jjj1jjj lesbian1 gay1 bisexual1 and transgender people have had a child and as many as #f1jjj1jjj ,american adults and children have a lesbian1 gay1 bisexual1 or transgender parent4 ,among adults under #ej years of age living alone or with a spouse or partner1 #dh percent of lesbian1 bisexual1 or transgender women are raising a child under #ah years of age1 and #bj percent of gay1 bisexual1 or transgender men are doing so4 7#h7 ,as of #bjac1 same-sex couples are raising #a4d percent of adopted children with #b parents and are fostering #a4g percent of foster children living with #b parents4 ,a #bjjg report from the ,williams ,institute found that an additional #b1jjj1jjj gay1 lesbian1 and bisexual individuals are interested in adoption4 7#i7 ,according to the ,williams ,institute_/,urban ,institute1 same-sex couples raising adopted children tend to be older than1 just as educated as1 and have access to the same economic resources as other adoptive parents4 ,studies confirm that children with same-sex parents have the same advantages and same expectations for health1 social1 and psychological adjustment1 and development as children whose parents are heterosexual4 7#aj7 ,an ,evan ,b4 ,donaldson ,adoption ,institute study found that #a_/c of child welfare agencies in the ,united ,states reject gay1 lesbian1 and bisexual applicants4 7,a7 ,the practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay1 lesbian1 bisexual1 and unmarried relatives the opportunity to become foster parents for their own kin1 including grandchildren1 or to adopt their own kin1 including grandchildren1 from foster care4 7,b7 ,according to the ,williams ,institute1 more than #c1djj children are currently in foster placements with same-sex couples4 ,another #bb1jjj children are being raised by same-sex adoptive couples4 ,if other ,states followed the minority of ,states and discriminated against qualified individuals because of their sexual orientation or marital status1 foster care expenditures would increase between #hg1jjj1jjj and #acj1jjj1jjj per year in order to pay for additional institutional and group care1 as well as to recruit and train new foster and adoptive parents4 7#aa7 ,some ,states allow #a member of a same-sex couple to adopt1 but do not recognize both members of the couple as the child's legal parents4 ,recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy4 ,these protections include access to both parents' health benefits1 survivor's1 ,social ,security1 and child support entitlements1 legal grounds for either parent to provide consent for medical care1 education1 and other important decisions1 as well as the establishment of permanency for parents and child4 7#ab7 ,professional organizations in the fields of medicine1 psychology1 law1 and child welfare have taken official positions in support of the ability of qualified gay1 lesbian1 bisexual1 and unmarried couples to foster and adopt a child1 as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success4 7#ac7 ,discrimination against potential foster or adoptive parents based on sexual orientation1 gender identity1 or marital status is not in the best interests of children in the foster care system4 7b7 ,purposes ,the purposes of this ,act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation1 gender identity1 or marital status4 #c4 ,every child deserves a family 7a7 ,activities 7#a7 ,prohibition ,an entity that receives ,federal assistance or contracts with an entity that receives ,federal assistance1 and is involved in adoption or foster care placements may not-- 7,a7 deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation1 gender identity1 or marital status of the person1 or the sexual orientation or gender identity of the child involved2 7,b7 delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation1 gender identity1 or marital status of any prospective adoptive or foster parent1 or the sexual orientation or gender identity of the child2 or 7,c7 require different or additional screenings1 processes1 or procedures for adoptive or foster placement decisions on the basis of the sexual orientation1 gender identity1 or marital status of the prospective adoptive or foster parent1 or the sexual orientation or gender identity of the child involved4 7#b7 ,definition of placement decision ,in this section1 the term placement decision means the decision to place1 or to delay or deny the placement of1 a child in a foster care or an adoptive home1 and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement4 7b7 ,equitable relief ,any individual who is aggrieved by an action in violation of subsection 7a7 may bring an action seeking relief in a ,united ,states district court of appropriate jurisdiction4 7c7 ,federal guidance ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall publish guidance to concerned entities with respect to compliance with this section4 7d7 ,technical assistance ,in order to ensure compliance with1 and ensure understanding of the legal1 practice1 and culture changes required by1 this ,act in making foster care and adoption placement decisions1 the ,secretary shall provide technical assistance to all entities covered by this ,act1 including-- 7#a7 identifying laws and regulations inconsistent with this ,act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time2 7#b7 identifying casework practices and procedures inconsistent with this ,act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time2 7#c7 providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation1 gender identity1 or marital status of the prospective parent2 7#d7 comprehensive cultural competency training for covered entities and prospective adoptive and foster parents2 and 7#e7 training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this ,act4 7e7 ,deadline for compliance 7#a7 ,in general ,except as provided in paragraph 7#b71 an entity that receives ,federal assistance and is involved with adoption or foster care placements shall comply with this section not later than #f months after publication of the guidance referred to in subsection 7c71 or #a year after the date of enactment of this ,act1 whichever occurs first4 7#b7 ,authority to extend deadline ,if a ,state demonstrates to the satisfaction of the ,secretary of ,health and ,human ,services that it is necessary to amend ,state statutory law in order to change a particular practice that is inconsistent with this section1 the ,secretary may extend the compliance date for the ,state and any entities in the ,state that are involved with adoption or foster care placements a reasonable number of days after the close of the #ast ,state legislative session beginning after the date the guidance referred to in subsection 7c7 is published4 7#c7 ,authority to withhold funds ,if a ,state fails to comply with this section1 the ,secretary may withhold payment to the ,state of amounts otherwise payable to the ,state under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq41 #fgj et seq471 to the extent the ,secretary deems the withholding necessary to induce the ,state into compliance with this section4 7f7 ,,gao study 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study to determine whether the ,states have substantially complied with this ,act1 including specifically whether the ,states have-- 7,a7 eliminated policies1 practices1 or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation1 gender identity1 or marital status of the person1 or the sexual orientation or gender identity of the child involved2 7,b7 removed all program1 policy1 or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation1 gender identity1 or marital status of any qualified1 prospective adoptive or foster parent1 or the sexual orientation or gender identity of the child2 and 7,c7 eliminated all different or additional screenings1 processes1 or procedures for adoptive or foster placement decisions based on the sexual orientation1 gender identity1 or marital status of the prospective adoptive or foster parent1 or the sexual orientation or gender identity of the child involved4 7#b7 ,report to the congress ,not later than #a year after completing the study required by paragraph 7#a71 the ,comptroller ,general shall submit to ,congress a written report that contains the results of the study4