I

103D CONGRESS

2D SESSION H. R. 4181

To prohibit an agency, or entity, that receives Federal assistance and is

involved in adoption or foster care programs from delaying or denying

the placement of a child based on the race, color, or national origin

of the child or adoptive or foster parent or parents involved, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 12, 1994

Mr. WHEAT introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To prohibit an agency, or entity, that receives Federal assistance and is involved in adoption or foster care programs

from delaying or denying the placement of a child based

on the race, color, or national origin of the child or

adoptive or foster parent or parents involved, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Multiethnic Placement

5 Act of 1994’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—Congress finds that—

3 (1) nearly 500,000 children are in foster care in

4 the United States;

5 (2) tens of thousands of children in foster care

6 are waiting for adoption;

7 (3) 2 years and 8 months is the median length

8 of time that children wait to be adopted;

9 (4) child welfare agencies should work to elimi10 nate racial, ethnic, and national origin discrimina11 tion and bias in adoption and foster care recruit12 ment, selection, and placement procedures; and

13 (5) active, creative, and diligent efforts are

14 needed to recruit parents, from every race and cul15 ture, for children needing foster care or adoptive

16 parents.

17 (b) PURPOSE.—It is the purpose of this Act to de18 crease the length of time that children wait to be adopted

19 and to prevent discrimination in the placement of children

20 on the basis of race, color, or national origin.

21 SEC. 3. MULTIETHNIC PLACEMENTS.

22 (a) ACTIVITIES.—

23 (1) PROHIBITION.—An agency, or entity, that

24 receives Federal assistance and is involved in adop25 tion or foster care placements may not—
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1 (A) categorically deny to any person the

2 opportunity to become an adoptive or a foster

3 parent, solely on the basis of the race, color, or

4 national origin of the adoptive or foster parent,

5 or the child, involved; or

6 (B) delay or deny the placement of a child

7 for adoption or into foster care, or otherwise

8 discriminate in making a placement decision,

9 solely on the basis of the race, color, or national

10 origin of the adoptive or foster parent, or the

11 child, involved.

12 (2) PERMISSIBLE CONSIDERATION.—An agency

13 or entity to which paragraph (1) applies may con14 sider the race, color, or national origin of a child as

15 a factor in making a placement decision if such fac16 tor is relevant to the best interests of the child in17 volved and is considered in conjunction with other

18 factors.

19 (3) DEFINITION.—As used in this subsection,

20 the term ‘‘placement decision’’ means the decision to

21 place, or to delay or deny the placement of, a child

22 in a foster care or an adoptive home, and includes

23 the decision of the agency or entity involved to seek

24 the termination of birth parent rights or otherwise
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1 make a child legally available for adoptive place2 ment.

3 (b) LIMITATION.—The Secretary of Health and

4 Human Services shall not provide placement and adminis5 trative funds under section 474(a)(3) of the Social Secu6 rity Act (42 U.S.C. 674(a)(3)) to an agency or entity de7 scribed in subsection (a) that is not in compliance with

8 subsection (a).

9 (c) EQUITABLE RELIEF.—Any individual who is ag10 grieved by an action in violation of subsection (a), taken

11 by an agency or entity described in subsection (a), shall

12 have the right to bring an action seeking relief in a United

13 States district court of appropriate jurisdiction.

14 (d) CONSTRUCTION.—Nothing in this section shall be

15 construed to affect the application of the Indian Child

16 Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

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