,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hcce ,,in ,,the ,,house ,,of ,,representatives ,july #ab1 #bjbb,mr4 ,langevin 7for himself1 ,ms4 ,bass1 ,mr4 ,bacon1 ,mr4 ,fitzpatrick1 and ,mrs4 ,lawrence7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to protect individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents from discrimination in the child welfare system4 #a4 ,short title ,this ,act may be cited as the ,equality for ,families with ,disabilities ,act4 #b4 ,finding ,the ,congress finds that title ,,ii of the ,americans with ,disabilities ,act of #aiij and section #ejd of the ,rehabilitation ,act of #aigc protect qualified individuals with disabilities1 which can include children1 parents1 legal guardians1 relatives1 other caregivers1 foster and adoptive parents1 and individuals seeking to become foster or adoptive parents1 from discrimination by child welfare agencies and courts4 #c4 ,state plan requirements for protecting individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents 7a7 ,in general ,section #dbb7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fbb7;b77 is amended-- 7#a7 by striking and at the end of paragraph 7#ah72 7#b7 by striking the period at the end of paragraph 7#ai7 and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#bj7 explain the procedural safeguards and supportive parenting services provided to individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents1 from the time of earliest interaction with a family through any ongoing judicial or administrative proceeding1 including a description of how each such individual receives-- 7,a7 a fact-specific1 individualized parenting assessment that does not rely on generalizations but evaluates the strengths1 needs1 and capabilities of the ndividual with a disability1 based on objective evidence1 personal circumstances1 and demonstrated competencies2 and 7,b7 parenting education that is peer-reviewed or a best practice for use2 and 7#ba7 demonstrate meaningful efforts to provide supportive services and accommodations1 directly or by referral1 to ensure full and equal opportunities for participation by individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents1 including by making available training on the rights of individuals with disabilities who are involved with child welfare proceedings and how to ensure full and equal participation of the individuals in the proceedings1 and1 in the case of child welfare professionals or court personnel1 how to conduct parenting assessments and provide parenting education to various populations of individuals with disabilities to ensure that any restrictions on parental rights are not imposed solely on the basis of disability4 4 7b7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall take effect #a year after the materials required by section #e of this ,act are disseminated1 and shall apply to payments under subpart #a of part ,b of title ,,iv of the ,social ,security ,act for calendar quarters beginning on or after such date4 7#b7 ,delay permitted if ,state legislation required ,if the ,secretary of ,health and ,human ,services determines that ,state legislation 7other than legislation appropriating funds7 is required in order for a ,state plan developed pursuant to subpart #a of part ,b of title ,,iv of the ,social ,security ,act to meet the additional requirements imposed by the amendments made by subsection 7a71 the plan shall not be regarded as failing to meet any of the additional requirements before the #ast day of the #ast calendar quarter beginning after the first regular session of the ,state legislature that begins #a year after the materials required by section #e of this ,act are disseminated4 ,for purposes of the preceding sentence1 if the ,state has a #b-year legislative session1 each year of the session is deemed to be a separate regular session of the ,state legislature4 #d4 ,amendments to the ,state court improvement program 7a7 ,in general ,section #dch of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi;h7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,f7 that determine child placements in any case involving an individual with a disability who is a parent1 legal guardian1 relative1 other caregiver1 foster or adoptive parent1 or an individual seeking to become an adoptive or foster parent2 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking and at the end of subparagraph 7,b72 7ii7 in subparagraph 7,c71 by striking the period and inserting and2 and 7iii7 by adding at the end the following3 7,d7 to ensure full and equal opportunities for individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents1 consistent with title ,,ii of the ,americans with ,disabilities ,act and section #ejd of the ,rehabilitation ,act of #aigc2 2 and 7#b7 in subsection 7b7-- 7,a7 by striking and at the end of paragraph 7#b72 7,b7 in subparagraph 7,c7-- 7i7 by striking 7,c7 in the case of a grant for any purpose described in subsection 7a71 and inserting 7#c72 and 7ii7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 a demonstration of meaningful efforts by the highest court in the ,state to ensure that each court in the ,state affords full and equal opportunities for participation by individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents1 including by working with the ,state agency administering1 or supervising the administration of1 a plan under this part or part ,e1 and1 as applicable1 ,indian tribes or tribal organizations1 to make available training on the rights of individuals with disabilities who are involved with child welfare proceedings and how to ensure full and equal participation of the individuals in the proceedings1 and1 in the case of child welfare professionals or court personnel1 how to conduct parenting assessments and provide parenting education to various populations of individuals with disabilities4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the #ast day of the #ast ,federal fiscal year that begins after the date of the enactment of this ,act4 #e4 ,education and training ,subpart #a of part ,b of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fbj-fbh;b7 is amended by adding at the end the following3 #dbi;,a4 ,education and training 7a7 ,in general ,the ,secretary and the ,attorney ,general1 in consultation with the entities referred to in subsection 7b71 shall-- 7#a7 directly or by contract1 jointly revise the technical assistance provided in ,august #bjae for ,state and local child welfare agencies and courts on protecting the rights of parents and prospective parents with disabilities1 to-- 7,a7 include recommended minimum guidelines for ensuring compliance with protections offered under ,federal law1 which shall reflect evidence-based or best practices in the field2 7,b7 address the amendments made by the ,equality for ,families with ,disabilities ,act2 7,c7 describe the requirements imposed by or under the amendments and the mechanisms by which the requirements will be enforced2 and 7,d7 include education and training materials that include1 at minimum1 guidelines for-- 7i7 conducting individualized parenting assessments of persons with disabilities that-- 7,i7 are1 where possible1 peer-reviewed or a best practice1 and always fact-specific2 and 7,,ii7 evaluate the strengths1 needs1 and capabilities of a particular person with disabilities based on objective evidence1 personal circumstances1 demonstrated competencies1 and other factors that are divorced from generalizations and stereotypes regarding people with disabilities2 7ii7 providing full and equal opportunities to benefit from or participate in child welfare programs1 services1 and activities that are equal to those extended to individuals without disabilities1 including the use of disability-specific1 peer-reviewed1 or best practice parenting training tools and reasonable modifications in policies1 practices1 and procedures when necessary to avoid discrimination2 and 7iii7 reunifying families in cases involving individuals with disabilities2 7#b7 ensure that the revised technical assistance is addressed to ,states1 ,indian tribes1 and courts2 and 7#c7 within #a year after the date of the enactment of this section1 disseminate the revised technical assistance to ,states1 tribes1 and courts4 7b7 ,consultation entities ,the entities referred to in this subsection shall include3 7#a7 ,federal entities1 such as-- 7,a7 the ,assistant ,secretary for the ,administration for ,children and ,families of the ,department of ,health and ,human ,services2 7,b7 the ,administrator of the ,administration for ,community ,living of the ,department of ,health and ,human ,services2 7,c7 the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice2 7,d7 the ,chairperson of the ,national ,council on ,disability2 and 7,e7 the ,commissioner of ,administration for ,native ,americans2 7#b7 ,state1 local1 and tribal entities1 such as-- 7,a7 ,state1 local1 and tribal child welfare agencies2 7,b7 ,protection and ,advocacy ,systems2 7,c7 a representative of the ,state ,councils on ,developmental ,disabilities2 7,d7 a representative of the ,conference of ,chief ,justices2 and 7,e7 a representative of the ,conference of ,state ,court ,administrators2 7#c7 disability and child welfare community entities1 such as-- 7,a7 individuals representing the disability community and reflecting the diverse characteristics of the members of that community1 including individuals with disabilities who have been discriminated against in the child welfare system2 and 7,b7 child welfare professionals2 and 7#d7 representatives of such other agencies or entities as the ,secretary may designate4 4 #f4 ,report to ,congress ,within #d years after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 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 on the implementation of this ,act4 ,the report shall include the following3 7#a7 ,a description and analysis of amended ,state plans for child welfare services that have been submitted as a result of this ,act1 including the effect of the amendments on the treatment of and opportunities for participation afforded to individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents4 7#b7 ,a description of procedures put in place by ,state agencies administering or supervising the administration of a plan developed or approved under part ,b or ,e of title ,,iv of the ,social ,security ,act to ensure that each individual with a disability who is a parent1 legal guardian1 relative1 other caregiver1 foster or adoptive parent1 or individual seeking to become a foster or adoptive parent receives a fact-specific1 individualized parenting assessment and parenting education4 7#c7 ,a description and analysis of efforts made by the highest court of each ,state to afford full and equal opportunities for participation by individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents who are involved in child welfare proceedings4 7#d7 ,an analysis of the outcomes for individuals with disabilities who are parents1 legal guardians1 relatives1 other caregivers1 foster or adoptive parents1 or individuals seeking to become foster or adoptive parents when involved in child welfare proceedings before or after the enactment of this ,act1 including the rate at which the parental rights of the individuals are terminated4 7#e7 ,an analysis of the specific revisions made to the #bjae technical assistance referred to in section #e7;a77#a7 of this ,act in accordance with the requirements of section #e of this ,act1 and a list of all consultation entities that were consulted in the revision process4 7#f7 ,an analysis of how ,state agencies administering or supervising the administration of a plan developed or approved under part ,b or ,e of title ,,iv of the ,social ,security ,act1 as applicable1 ,indian tribes or tribal organizations1 and the highest court of each ,state have used the technical assistance revised as required by section #e of this ,act4