,,ii #aafth ,,congress #ast ,session ,s4 #agia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjai,mrs4 ,gillibrand 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,murphy1 ,ms4 ,harris1 ,mrs4 ,murray1 ,mr4 ,sanders1 ,mrs4 ,shaheen1 ,ms4 ,rosen1 ,ms4 ,baldwin1 ,mr4 ,leahy1 ,mr4 ,wyden1 ,mr4 ,whitehouse1 ,mr4 ,merkley1 ,ms4 ,klobuchar1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to prohibit discrimination on the basis of religion1 sex 7including sexual orientation and gender identity71 and marital status in the administration and provision of child welfare services1 to improve safety1 well-being1 and permanency for lesbian1 gay1 bisexual1 transgender1 and queer or questioning foster youth1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,every ,child ,deserves a ,family ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,every child or youth unable to live with their family of origin is entitled to a supportive and affirming foster care placement4 ,federal law requires1 and child welfare experts recommend1 that children and youth be placed with a family or in the most family-like setting available4 7#b7 ,thousands of children and youth lack a stable1 safe1 and loving temporary or permanent home and have been placed in a congregate care setting1 which is associated with more placements1 poorer educational outcomes1 and greater risk of further trauma4 ,more homes are needed to accommodate the growing number of children and youth involved with child welfare services4 7#c7 ,in #bjag1 there were an estimated #ddc1jjj children and youth in the ,united ,states foster care system1 and #abc1jjj were eligible and waiting to be adopted4 ,tragically1 approximately #bj1jjj aged out of the child welfare system without a forever family1 placing them at higher risk of negative outcomes including poverty1 homelessness1 incarceration1 and early parenthood4 7#d7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 protects people from discrimination based on race1 color1 or national origin in programs1 activities1 and services administered or performed by child welfare agencies4 ,eliminating discrimination in child welfare based on religion1 sex 7including sexual orientation and gender identity71 and marital status would increase the number and diversity of foster and adoptive homes able to meet the individual needs of children and youth removed from their homes4 7#e7 ,lesbian1 gay1 bisexual1 transgender1 and queer or questioning 7referred to in this ,act as ,,lgbtq7 youth are overrepresented in the foster care system by at least a factor of #b1 comprising at least #bb to #cj percent of children and youth in foster care4 7,a7 ,while some ,,lgbtq youth enter foster care for similar reasons as non-,,lgbtq youth1 the #b most common reasons for ,,lgbtq youth are high rates of physical abuse and conflict with parents4 7,b7 ,,lgbtq foster youth report twice the rate of poor treatment while in care experienced by foster youth who do not identify as ,,lgbtq and are more likely to experience discrimination1 harassment1 and violence in the child welfare system than their ,,lgbtq peers not in the child welfare system4 7,c7 ,because of high levels of bias1 ,,lgbtq foster youth have a higher average number of placements and higher likelihood of living in a group home than their non-,,lgbtq peers1 negatively affecting mental health outcomes and long-term prospects4 7,d7 ,approximately #fj percent of homeless ,,lgbtq youth were previously in foster care1 and many reported that living on the streets felt safer than living in a group or foster home4 7#f7 ,conversion therapy is a form of discrimination that harms ,,lgbtq people4 ,it undermines an individual's sense of self-worth1 increases suicide ideation and substance abuse1 exacerbates family conflict1 and contributes to second-class status4 ,no scientifically valid evidence supports this discredited practice1 which is prohibited by many ,states and foreign nations4 ,approximately #cej1jjj ,,lgbtq adults were subjected to so-called conversion therapy as adolescents1 and an estimated #bj1jjj ,,lgbtq youth ages #ac to #ag will be subjected to it by a licensed health care professional before age #ah4 7#g7 ,many youth1 especially ,,lgbtq youth1 involved with child welfare services identify with a cross-section of marginalized communities4 ,youth of color are overrepresented in the foster care system1 and the majority of ,,lgbtq foster youth are youth of color4 ,children and youth with multiple marginalized identities often experience more stress and trauma than other youth1 compounding the negative effects of discrimination and increasing the likelihood of negative outcomes4 7#h7 ,prospective parents who experience the heartbreak and dignitary harm of discrimination based on religion1 sex 7including sexual orientation and gender identity71 or marital status may not be able or willing to apply at another agency1 resulting in fewer available homes1 and knowing that discrimination exists may deter them from even attempting to foster or adopt4 7#i7 ,professional organizations that serve children in the fields of medicine1 psychology1 law1 and child welfare oppose discrimination against prospective parents in adoption and foster care4 7#aj7 ,religious organizations play a critical role in providing child welfare services4 ,most welcome all children1 youth1 and families and affirm a diversity of religions and faiths4 ,state assessments1 planning1 and counseling should connect children and youth for whom spirituality and religion are important with affirming1 faith-based resources consistent with the faith of the child or youth4 7#aa7 ,child welfare agencies that refuse to serve same-sex couples and ,,lgbtq individuals reduce the pool of qualified and available homes for children and youth who need placement on a temporary or permanent basis4 7,a7 ,same-sex couples are #g times more likely to foster and adopt than their different-sex counterparts4 7,b7 ,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 7,c7 ,research shows that sexual orientation is a nondeterminative factor in parental success and that children with same-sex parents have the same advantages and expectations for health1 social1 and psychological development as children whose parents are different-sex4 7,d7 ,discrimination against qualified prospective foster and adoptive parents for non-merit related reasons denies religious minority1 ,,lgbtq1 and unmarried relatives the opportunity to become foster and adoptive parents for their own kin in care1 including grandchildren4 7#ab7 ,,lgbtq families of origin are at risk for discrimination in child welfare referrals1 investigations1 removals1 reunification1 kinship placements1 and other case management services4 ,a study of low-income ,african-,american mothers showed that those who identified as lesbian or bisexual were #d times more likely than their non-,,lgbtq counterparts to lose custody of their children in child welfare proceedings4 ,,lgbtq-positive services are necessary to shield families and protect parents' rights to reunification4 7#ac7 ,single people are more likely than couples to experience challenges in adopting due to biases that persist against single-parent adoption4 ,in #bjag1 #bh percent of adoptions from foster care were completed by unmarried single people1 including adoptions from almost #b1jjj single men and over #ad1hjj single women4 ,studies show that the outcomes for children adopted and raised by single parents are just as good as1 if not better than1 outcomes for children adopted by couples4 7#ad7 ,more nationwide data about the experiences of ,,lgbtq children and youth involved with child welfare services is needed to understand fully the extent and impact of discrimination and ensure accountability4 ,states must report and researchers must collect this sensitive data in an ethical1 affirming1 and non-intrusive manner1 with appropriate safeguards to protect respondents4 7b7 ,purpose ,the purposes of this ,act are-- 7#a7 to prohibit discrimination on the basis of religion1 sex 7including sexual orientation and gender identity71 and marital status in the administration and provision of child welfare services that receive ,federal funds2 and 7#b7 to improve safety1 well-being1 and permanency for ,,lgbtq children and youth involved with child welfare services4 #c4 ,every child deserves a family 7a7 ,prohibition ,no child or youth involved with child welfare services1 family1 or individual shall1 on the grounds of religion1 sex 7including sexual orientation and gender identity71 or marital status1 be excluded from participation in1 denied the benefits of1 or be subjected to discrimination in the administration or provision of child welfare programs and services by a covered entity4 7b7 ,private right of action ,any individual who is aggrieved by a violation of this ,act may bring a civil action seeking relief in an appropriate ,united ,states district court4 ,the court shall award a plaintiff prevailing in such an action all appropriate relief1 including injunctive1 declaratory1 and other equitable relief necessary to carry out this ,act1 attorneys' fees1 and such other relief as the court determines appropriate4 7c7 ,federal guidance ,not later than #f months after the date of the enactment of this ,act1 the ,secretary shall publish and disseminate guidance with respect to compliance with this ,act4 7d7 ,technical assistance ,in order to ensure compliance with and understanding of the legal1 practice1 and cultural changes required by this ,act1 the ,secretary shall provide technical assistance to all covered entities1 including-- 7#a7 identifying ,state laws and regulations inconsistent with this ,act1 and providing guidance and training to ensure the ,state laws and regulations are brought into compliance with this ,act by the applicable compliance deadline in effect under subsection 7h72 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 with this ,act by the applicable compliance deadline2 7#c7 providing guidance in expansion of recruitment efforts to ensure consideration of all prospective adoptive and foster parents regardless of the religion1 sex 7including sexual orientation and gender identity71 or marital status of the prospective parent2 7#d7 creating comprehensive cultural competency training for covered entities and prospective adoptive and foster parents2 and 7#e7 training judges and attorneys involved in foster care1 guardianship1 and adoption cases on the findings and purposes of this ,act4 7e7 ,service delivery and training 7#a7 ,in general ,a covered entity shall provide service delivery to children and youth involved with child welfare services1 families1 and adults1 and staff training1 that-- 7,a7 comprehensively addresses the individual strengths and needs of children and youth involved with child welfare services2 and 7,b7 is language appropriate1 gender appropriate1 and culturally sensitive and respectful of the complex social identities of the children and youth1 families1 and adults currently or prospectively participating in or receiving child welfare services4 7#b7 ,social identity ,in this subsection1 the term social identity includes an individual's race1 ethnicity1 nationality1 age1 religion 7including spirituality71 sex 7including gender identity and sexual orientation71 socioeconomic status1 physical or cognitive ability1 language1 beliefs1 values1 behavior patterns1 and customs4 7f7 ,data collection ,using developmentally appropriate best practices1 the ,secretary shall collect data through the ,adoption and ,foster ,care ,analysis and ,reporting ,system on-- 7#a7 the sexual orientation and gender identity of children and youth involved with child welfare services and foster and adoptive parents2 and 7#b7 whether family conflict related to the sexual orientation or gender identity of a child or youth was a factor in the removal of the child or youth from the family4 7g7 ,national ,resource ,center on ,safety1 ,well-,being1 ,placement ,stability1 and ,permanency for ,,lgbtq ,children and ,youth ,involved with ,child ,welfare ,services 7#a7 ,in general ,the ,secretary shall establish and maintain the ,national ,resource ,center on ,safety1 ,well-,being1 ,placement ,stability1 and ,permanency for ,,lgbtq ,children and ,youth ,involved with ,child ,welfare ,services 7referred to in this ,act as the ,national ,resource ,center7 that will promote well-being1 safety1 permanency1 stability1 and family placement for ,,lgbtq children and youth involved with child welfare services1 through training1 technical assistance1 actions1 and guidance that-- 7,a7 increase ,,lgbtq cultural competency among the staff of covered entities1 and foster1 adoptive1 and relative parents1 guardians1 and caregivers2 7,b7 promote the provision of child welfare services that address the specific needs of ,,lgbtq children and youth involved with child welfare services and their families2 7,c7 promote effective and responsible collection and management of data on the sexual orientation and gender identity of children and youth in the child welfare system1 with appropriate safeguards to protect the data2 7,d7 identify and promote promising practices and evidence-based models of engagement and appropriate collective and individual services and interventions that can be linked to improved outcomes for ,,lgbtq children and youth in the child welfare system2 7,e7 endorse best practices for human resource activities of covered entities1 including in hiring1 staff development1 and implementing a system of accountability to carry out those best practices2 and 7,f7 initiate other actions that improve safety1 well-being1 placement stability1 and permanency outcomes for ,,lgbtq children and youth involved with child welfare services at the ,state and local level4 7#b7 ,activities ,the ,secretary shall carry out the collection and analysis of data and the dissemination of research to carry out this subsection4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to establish and maintain the ,national ,resource ,center and carry out the activities described in this subsection4 7h7 ,deadline for compliance 7#a7 ,in general ,except as provided in paragraph 7#b71 a covered entity 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 the enactment of this ,act1 whichever occurs first4 7#b7 ,authority to extend deadline ,if a ,state demonstrates to the satisfaction of the ,secretary that it is necessary to amend ,state law in order to change a particular practice that is inconsistent with this ,act1 the ,secretary may extend the compliance date for the ,state and any covered entities in the ,state a reasonable number of days after the close of the first ,state legislative session beginning after the date the guidance referred to in subsection 7c7 is published4 7#c7 ,authority to withhold funds ,if the ,secretary finds that a covered entity has failed to comply with this ,act1 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 seq42 #db ,u4,s4,c4 #fgj et seq471 to the extent determined by the ,secretary4 7i7 ,,gao study 7#a7 ,in general ,not later than #c 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 all policies1 practices1 or laws that permit a covered entity to violate subsection 7a72 7,b7 provided necessary training and technical support to covered entities to ensure all services to children and youth involved with child welfare services are carried out in a non-discriminatory1 affirming1 safe1 and culturally competent manner2 7,c7 collected data necessary to accomplishing the purposes of this ,act1 and ensured that the data is appropriately safeguarded1 including data related to-- 7i7 the sexual orientation and gender identity of children and youth involved with child welfare services2 7ii7 the permanency and placement outcomes and rates for those children and youth1 as compared to their non-,,lgbtq peers2 7iii7 the rates at which those children and youth are placed in family homes as compared to congregate or group homes2 7iv7 the sexual orientation1 gender identity1 and marital status of foster and adoptive parents1 as well as the placement rates and wait periods for those foster and adoptive parents2 and 7,d7 ensured that covered entities-- 7i7 are in compliance with this ,act2 and 7ii7 have implemented procedures for children and youth involved with child welfare services1 or individuals or families participating in1 or seeking to participate in1 child welfare services1 to report violations of this ,act4 7#b7 ,report to the ,congress ,not later than #f months after completing the study required by paragraph 7#a71 the ,comptroller ,general shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a written report that contains the results of the study4 7j7 ,relation to other laws 7#a7 ,rule of construction ,nothing in this ,act shall be construed to invalidate or limit rights1 remedies1 or legal standards under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7#b7 ,certain claims ,the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq47 shall not provide a claim concerning1 or a defense to a claim under1 this ,act1 or provide a basis for challenging the application or enforcement of this ,act4 7k7 ,definitions ,in this section3 7#a7 ,child or youth involved with child welfare services ,the term child or youth involved with child welfare services means an individual1 aged #bc or younger1 who participates in child welfare programs or services that receive ,federal financial assistance under part ,a1 ,b1 or ,e of title ,,iv2 title ,,xix2 or title ,,xx of the ,social ,security ,act4 7#b7 ,conversion therapy 7,a7 ,in general ,the term conversion therapy means a form of discrimination that includes any practice or treatment which seeks to change the sexual orientation or gender identity of an individual1 including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender4 7,b7 ,exclusions ,the term conversion therapy does not include counseling that provides assistance to an individual undergoing gender transition1 or counseling that provides acceptance1 support1 and understanding of an individual or facilitates an individual with coping1 social support1 and identity exploration and development1 including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices4 7#c7 ,covered entity ,the term covered entity means an entity that-- 7,a7 receives ,federal financial assistance under part ,a1 ,b1 or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq42 #db ,u4,s4,c4 #fba et seq42 #db ,u4,s4,c4 #fgj et seq471 title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #acig et seq472 and 7,b7 is involved in the administration or provision of child welfare programs or services4 7#d7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the designated sex of the individual at birth4 7#e7 ,religion2 sex 7including sexual orientation and gender identity71 or marital status ,the term religion1 sex 7including sexual orientation and gender identity71 or marital status1 used with respect to an individual1 includes-- 7,a7 the religion1 sex 7including sexual orientation and gender identity71 or marital status1 respectively1 of another person with whom the individual is or has been associated2 and 7,b7 a perception or belief1 even if inaccurate1 concerning the religion1 sex 7including sexual orientation and gender identity71 or marital status1 respectively1 of the individual4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#g7 ,sex ,the term sex includes-- 7,a7 a sex stereotype2 7,b7 pregnancy1 childbirth1 or a related medical condition2 7,c7 sexual orientation or gender identity2 and 7,d7 sex characteristics1 including intersex traits4 7#h7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#i7 ,state ,the term ,state means each of the #ej ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa4