Every child deserves a family

(a) Prohibition No child or youth involved with child welfare services, family, or individual shall, on the grounds of religion, sex (including sexual orientation and gender identity), or marital status, be excluded from participation in, denied the benefits of, or be subjected to discrimination in the administration or provision of child welfare programs and services by a covered entity. (b) 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 court. The court shall award a plaintiff prevailing in such an action all appropriate relief, including injunctive, declaratory, and other equitable relief necessary to carry out this Act, attorneys’ fees, and such other relief as the court determines appropriate. (c) Federal guidance Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish and disseminate guidance with respect to compliance with this Act. (d) Technical assistance In order to ensure compliance with and understanding of the legal, practice, and cultural changes required by this Act, the Secretary shall provide technical assistance to all covered entities, including— (1) identifying State laws and regulations inconsistent with this Act, 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 (h); (2) 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 deadline; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all prospective adoptive and foster parents regardless of the religion, sex (including sexual orientation and gender identity), or marital status of the prospective parent; (4) creating comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care, guardianship, and adoption cases on the findings and purposes of this Act. (e) Service delivery and training (1) In general A covered entity shall provide service delivery to children and youth involved with child welfare services, families, and adults, and staff training, that— (A) comprehensively addresses the individual strengths and needs of children and youth involved with child welfare services; and (B) is language-appropriate, gender-appropriate, and culturally sensitive and respectful of the complex social identities of the children and youth, families, and adults currently or prospectively participating in or receiving child welfare services. (2) Social identity In this subsection, the term social identity includes an individual’s race, ethnicity, nationality, age, religion (including spirituality), sex (including gender identity and sexual orientation), socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. (f) Data collection Using developmentally appropriate best practices, the Secretary shall collect data through the Adoption and Foster Care Analysis and Reporting System on— (1) the sexual orientation and gender identity of children and youth involved with child welfare services and foster and adoptive parents; and (2) 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 family. (g) National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services (1) In general The Secretary shall establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services (referred to in this Act as the National Resource Center) that will promote well-being, safety, permanency, stability, and family placement for LGBTQ children and youth involved with child welfare services, through training, technical assistance, actions, and guidance that— (A) increase LGBTQ cultural competency among the staff of covered entities, and foster, adoptive, and relative parents, guardians, and caregivers; (B) promote the provision of child welfare services that address the specific needs of LGBTQ children and youth involved with child welfare services and their families; (C) promote effective and responsible collection and management of data on the sexual orientation and gender identity of children and youth in the child welfare system, with appropriate safeguards to protect the data; (D) 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 system; (E) endorse best practices for human resource activities of covered entities, including in hiring, staff development, and implementing a system of accountability to carry out those best practices; and (F) initiate other actions that improve safety, well-being, placement stability, and permanency outcomes for LGBTQ children and youth involved with child welfare services at the State and local level. (2) Activities The Secretary shall carry out the collection and analysis of data and the dissemination of research to carry out this subsection. (3) 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 subsection. (h) Deadline for compliance (1) In general Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) 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 Act, 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 (c) is published. (3) Authority to withhold funds If the Secretary finds that a covered entity has failed to comply with this Act, 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 (42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), to the extent determined by the Secretary. (i) GAO study (1) In general Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have— (A) eliminated all policies, practices, or laws that permit a covered entity to violate subsection (a); (B) 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-discriminatory, affirming, safe, and culturally competent manner; (C) collected data necessary to accomplishing the purposes of this Act, and ensured that the data is appropriately safeguarded, including data related to— (i) the sexual orientation and gender identity of children and youth involved with child welfare services; (ii) the permanency and placement outcomes and rates for those children and youth, as compared to their non-LGBTQ peers; (iii) the rates at which those children and youth are placed in family homes as compared to congregate or group homes; and (iv) the sexual orientation, gender identity, and marital status of foster and adoptive parents, as well as the placement rates and wait periods for those foster and adoptive parents; and (D) ensured that covered entities— (i) are in compliance with this Act; and (ii) have implemented procedures for children and youth involved with child welfare services, or individuals or families participating in, or seeking to participate in, child welfare services, to report violations of this Act. (2) Report to the Congress Not later than 6 months after completing the study required by paragraph (1), 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 study. (j) Relation to other laws (1) Rule of construction Nothing in this Act shall be construed to invalidate or limit rights, remedies, or legal standards under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) Certain claims The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, this Act, or provide a basis for challenging the application or enforcement of this Act. (k) Definitions In this section: (1) Child or youth involved with child welfare services The term child or youth involved with child welfare services means an individual, aged 23 or younger, who participates in child welfare programs or services that receive Federal financial assistance under part A, B, or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.; 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or title XX of the Social Security Act (42 U.S.C. 1397 et seq.). (2) Conversion therapy (A) 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 individual, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) Exclusions The term conversion therapy does not include counseling that provides assistance to an individual undergoing gender transition, or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual with coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. (3) Covered entity The term covered entity means an entity that— (A) receives Federal financial assistance under part A, B, or E of title IV of the Social Security Act (42 U.S.C. 601 et seq.; 42 U.S.C. 621 et seq.; 42 U.S.C. 670 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or title XX of the Social Security Act (42 U.S.C. 1397 et seq.); and (B) is involved in the administration or provision of child welfare programs or services. (4) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the designated sex of the individual at birth. (5) Religion; sex (including sexual orientation and gender identity), or marital status The term religion, sex (including sexual orientation and gender identity), or marital status, used with respect to an individual, includes— (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary The term Secretary means the Secretary of Health and Human Services. (7) Sex The term sex includes— (A) a sex stereotype; (B) pregnancy, childbirth, or a related medical condition; (C) sexual orientation or gender identity; and (D) sex characteristics, including intersex traits. (8) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (9) State The term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.