John Lewis Every Child Deserves a Family Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6181 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6181

  To prohibit discrimination on the basis of religion, sex (including
  sexual orientation and gender identity), and marital status in the
  administration and provision of child welfare services, to improve
    safety, well-being, and permanency for lesbian, gay, bisexual,
   transgender, and queer or questioning foster youth, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2025

Mr. Davis of Illinois (for himself, Ms. Craig, Ms. Moore of Wisconsin,
  Ms. Chu, Mr. Amo, Mrs. Beatty, Mr. Bell, Mr. Beyer, Mr. Bishop, Ms.
   Bonamici, Mr. Boyle of Pennsylvania, Ms. Brown, Ms. Brownley, Mr.
  Casten, Ms. Castor of Florida, Mr. Castro of Texas, Mr. Carson, Ms.
   Clarke of New York, Mr. Costa, Ms. Davids of Kansas, Ms. Dean of
 Pennsylvania, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Deluzio, Mr.
   Doggett, Mr. Evans of Pennsylvania, Mr. Garamendi, Mr. Garcia of
Illinois, Ms. Garcia of Texas, Mr. Goldman of New York, Mr. Gomez, Mr.
Horsford, Ms. Houlahan, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Ms.
 Kaptur, Ms. Kelly of Illinois, Mr. Krishnamoorthi, Mr. Landsman, Mr.
Larson of Connecticut, Ms. Lee of Pennsylvania, Mr. Lynch, Mrs. McIver,
   Ms. Norton, Mr. Panetta, Mr. Peters, Ms. Plaskett, Mr. Pocan, Mr.
   Quigley, Mrs. Ramirez, Mr. Raskin, Ms. Sanchez, Ms. Scanlon, Ms.
Schakowsky, Mr. Schneider, Mr. David Scott of Georgia, Ms. Sewell, Mr.
    Sherman, Ms. Simon, Mr. Sorensen, Mr. Stanton, Mr. Suozzi, Mr.
 Swalwell, Mr. Takano, Mr. Thanedar, Mr. Thompson of Mississippi, Mr.
   Thompson of California, Ms. Tlaib, Ms. Tokuda, Ms. Underwood, Mr.
  Walkinshaw, Ms. Wilson of Florida, Ms. McCollum, Mr. Carbajal, Mr.
  Lieu, Mr. Garcia of California, and Mr. Gottheimer) introduced the
following bill; which was referred to the Committee on Ways and Means,
 and in addition to the Committee on Energy and Commerce, for a period
    to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

  To prohibit discrimination on the basis of religion, sex (including
  sexual orientation and gender identity), and marital status in the
  administration and provision of child welfare services, to improve
    safety, well-being, and permanency for lesbian, gay, bisexual,
   transgender, and queer or questioning foster youth, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John Lewis Every Child Deserves a
Family Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Every child or youth unable to live with their family
        of origin is entitled to a supportive and affirming foster care
        placement. Federal law requires, and child welfare experts
        recommend, that children and youth be placed with a family or
        in the most family-like setting available.
            (2) Thousands of children and youth lack a stable, safe,
        and loving temporary or permanent home and have been placed in
        a congregate care setting, which is associated with more
        placements, poorer educational outcomes, and greater risk of
        further trauma. More homes are needed to accommodate the close
        to 400,000 children and youth who are in foster care
        nationwide, as of the date of enactment of this Act.
            (3) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
        2000d et seq.) protects people from discrimination based on
        race, color, or national origin in programs, activities, and
        services administered or performed by child welfare agencies.
        Eliminating discrimination in child welfare based on religion,
        sex (including sexual orientation and gender identity), 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 homes.
            (4) Lesbian, gay, bisexual, transgender, and queer or
        questioning (referred to in this Act as ``LGBTQ'') youth are
        overrepresented in the foster care system by at least a factor
        of 2, comprising at least 30 percent of children and youth in
        foster care. These numbers are higher for transgender and
        nonbinary youth compared to their cisgender LGBQ counterparts.
                    (A) While some LGBTQ youth enter foster care for
                similar reasons as non-LGBTQ youth, the 2 most common
                reasons for LGBTQ youth are high rates of physical
                abuse and conflict with parents.
                    (B) 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 discrimination, harassment, and violence
                in the child welfare system than their LGBTQ peers not
                in the child welfare system.
                    (C) Because of high levels of bias, LGBTQ foster
                youth have a higher average number of placements and
                higher likelihood of living in a group home than their
                non-LGBTQ peers, negatively affecting mental health
                outcomes and long-term prospects.
                    (D) Approximately 28 percent of homeless youth with
                histories of time in foster care identified as LGBTQ
                and were significantly more likely to experience 7 of 8
                adverse events, such as being physically harmed, or
                being stigmatized or discriminated against, compared to
                their peers with no foster care history.
                    (E) LGBTQ youth in foster care had nearly 3 times
                greater odds of reporting a past-year suicide attempt
                compared to LGBTQ youth who were never in foster care
                (35 percent for those youth in foster care as compared
                to 13 percent for those youth who were never in foster
                care). These numbers were even higher for LGBTQ foster
                youth of color (38 percent) and highest for transgender
                and nonbinary foster youth (45 percent).
                    (F) LGBTQ youth who had been in foster care had
                over 3 times greater odds of being kicked out,
                abandoned, or running away due to treatment based on
                their LGBTQ identity compared to those who were never
                in foster care (27 percent for those youth who had been
                in foster care as compared to 8 percent for those youth
                who had never been in foster care). These numbers were
                higher for LGBTQ foster youth of color (30 percent) and
                transgender and non-binary foster youth (40 percent).
            (5) ``Conversion therapy'' is a form of discrimination that
        harms LGBTQ people. It undermines an individual's sense of
        self-worth, increases suicide ideation and substance abuse,
        exacerbates family conflict, and contributes to second-class
        status. No scientifically valid evidence supports this
        discredited practice, which is prohibited by many States and
        foreign nations. Approximately 350,000 LGBTQ adults were
        subjected to so-called ``conversion therapy'' as adolescents,
        and an estimated 16,000 LGBTQ youth ages 13 to 17 will be
        subjected to it by a licensed health care professional before
        age 18.
            (6) Many youth, especially LGBTQ youth, involved with child
        welfare services identify with a cross-section of marginalized
        communities. Youth of color are overrepresented in the foster
        care system, and the majority of LGBTQ foster youth are youth
        of color. Children and youth with multiple marginalized
        identities often experience more stress and trauma than other
        youth, compounding the negative effects of discrimination and
        increasing the likelihood of negative outcomes.
            (7) Prospective parents who experience the heartbreak and
        dignitary harm of discrimination based on religion, sex
        (including sexual orientation and gender identity), or marital
        status may not be able or willing to apply at another agency,
        resulting in fewer available homes, and knowing that
        discrimination exists may deter them from even attempting to
        foster or adopt.
            (8) Professional organizations that serve children in the
        fields of medicine, psychology, law, and child welfare oppose
        discrimination against prospective parents in adoption and
        foster care.
            (9) Religious organizations play a critical role in
        providing child welfare services. Most welcome all children,
        youth, and families and affirm a diversity of religions and
        faiths. State assessments, planning, and counseling should
        connect children and youth for whom spirituality and religion
        are important with affirming, faith-based resources consistent
        with the faith of the child or youth.
            (10) 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 basis.
                    (A) Same-sex couples are 7 times more likely to
                foster and adopt than their different-sex counterparts.
                    (B) Same-sex couples raising adopted children tend
                to be older than, just as educated as, and have access
                to the same economic resources as other adoptive
                parents.
                    (C) 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 health, social, and psychological
                development as children whose parents are different-
                sex.
                    (D) Discrimination against qualified prospective
                foster and adoptive parents for non-merit related
                reasons denies religious minority, LGBTQ, and unmarried
                relatives the opportunity to become foster and adoptive
                parents for their own kin in care, including
                grandchildren.
            (11) LGBTQ families of origin are at risk for
        discrimination in child welfare referrals, investigations,
        removals, reunification, kinship placements, and other case
        management services. A study of low-income African-American
        mothers showed that those who identified as lesbian or bisexual
        were 4 times more likely than their non-LGBTQ counterparts to
        lose custody of their children in child welfare proceedings.
        LGBTQ-positive services are necessary to shield families and
        protect parents' rights to reunification.
            (12) Single people are more likely than couples to
        experience challenges in adopting due to biases that persist
        against single-parent adoption. During fiscal year 2022, 29
        percent of adoptions from foster care were completed by
        unmarried single people, including adoptions by some 2,000
        single men and more than 13,000 single women. Studies show that
        the outcomes for children adopted and raised by single parents
        are just as good as, if not better than, outcomes for children
        adopted by couples.
            (13) 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 accountability. States must report
        and researchers must collect this sensitive data in an ethical,
        affirming, and non-intrusive manner, with appropriate
        safeguards to protect respondents.
    (b) Purpose.--The purposes of this Act are--
            (1) to prohibit discrimination on the basis of religion,
        sex (including sexual orientation and gender identity), and
        marital status in the administration and provision of child
        welfare services that receive Federal funds; and
            (2) to improve safety, well-being, and permanency for LGBTQ
        children and youth involved with child welfare services.

SEC. 3. 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.
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