Calendar No. 377

103D CONGRESS

2D SESSION S. 1224

A BILL

To prohibit an agency, or entity, that receives Fedposes. parent or parents involved, and for other pur- national origin of the child or adoptive or foster placement of a child based on the race, color, or ter care programs from delaying or denying the eral assistance and is involved in adoption or fosMARCH 3 (legislative day, FEBRUARY 22), 1994

Reported with an amendment
II

Calendar No. 377

103D CONGRESS

2D SESSION S. 1224

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 SENATE OF THE UNITED STATES

JULY 14 (legislative day, JUNE 30), 1993

Mr. METZENBAUM (for himself, Ms. MOSELEY-BRAUN, Mr. COATS, Mr.

SIMON, Mr. INOUYE, and Mrs. KASSEBAUM) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

MARCH 3 (legislative day, FEBRUARY 22), 1994

Reported by Mr. KENNEDY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.
2

•S 1224 RS

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 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

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

9 the United States;

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

11 are waiting for adoption; and

12 (3) two years and 8 months is the median

13 length of time for children waiting to be adopted.

14 (b) PURPOSE.—It is the purpose of this Act to de15 crease the length of time for children waiting to be adopt16 ed and to prevent discrimination in the placement of chil17 dren on the basis of race, color or national origin.

18 SEC. 3. MULTIETHNIC PLACEMENTS.

19 (a) ACTIVITIES.—

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

21 receives Federal assistance and is involved in adop22 tion or foster care placements may not delay or deny

23 the placement of a child for adoption or into foster

24 care, or otherwise discriminate in making a place25 ment decision, solely because of the race, color, or
3

•S 1224 RS

1 national origin of the adoptive (or foster) parent or

2 parents or the child.

3 (2) PERMISSIBLE CONSIDERATION.—An agency

4 or entity to which paragraph (1) applies may con5 sider the race, color, or national origin of a child in

6 arriving at a placement decision if such factors are

7 relevant to the best interests of the child involved

8 and are considered in conjunction with other factors.

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

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

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

12 in a foster care or adoptive home, and includes the

13 decision of the agency or entity involved to seek the

14 termination of birth parent rights or otherwise make

15 a child legally available for adoptive placement.

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

17 Human Services shall not provide adoption assistance

18 funds under section 474(a)(3) of the Social Security Act

19 to an agency or entity that is not in compliance with sub20 section (a).

21 (c) EQUITABLE RELIEF.—Any individual aggrieved

22 by an agency or entity in violation of subsection (a) shall

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

24 States District Court of appropriate jurisdiction.
4

•S 1224 RS

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

2 construed to affect an adoption or foster care placement

3 made pursuant to the Indian Child Welfare Act of 1978

4 (25 U.S.C. 1901 et seq.).

5 SECTION 1. SHORT TITLE.

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

7 Act of 1993’’.

8 SEC. 2. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—Congress finds that—

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

11 the United States;

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

13 are waiting for adoption;

14 (3) 2 years and 8 months is the median length

15 of time that children wait to be adopted;

16 (4) child welfare agencies should work to elimi17 nate racial, ethnic, and national origin discrimina18 tion and bias in adoption and foster care recruit19 ment, selection, and placement procedures; and

20 (5) active, creative, and diligent efforts are need21 ed to recruit parents, from every race and culture, for

22 children needing foster care or adoptive parents.

23 (b) PURPOSE.—It is the purpose of this Act to decrease

24 the length of time that children wait to be adopted and to
5

•S 1224 RS

1 prevent discrimination in the placement of children on the

2 basis of race, color, or national origin.

3 SEC. 3. MULTIETHNIC PLACEMENTS.

4 (a) ACTIVITIES.—

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

6 receives Federal assistance and is involved in adop7 tion or foster care placements may not—

8 (A) categorically deny to any person the op9 portunity to become an adoptive or a foster par10 ent, solely on the basis of the race, color, or na11 tional origin of the adoptive or foster parent, or

12 the child, involved; or

13 (B) unduly delay or deny the placement of

14 a child for adoption or into foster care, or other15 wise discriminate in making a placement deci16 sion, solely on the basis of the race, color, or na17 tional origin of the adoptive or foster parent, or

18 the child, involved.

19 (2) PERMISSIBLE CONSIDERATION.—An agency

20 or entity to which paragraph (1) applies may con21 sider the race, color, or national origin of a child as

22 a factor in making a placement decision if such factor

23 is relevant to the best interests of the child involved

24 and is considered in conjunction with other factors.
6

•S 1224 RS

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

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

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

4 in a foster care or an adoptive home, and includes the

5 decision of the agency or entity involved to seek the

6 termination of birth parent rights or otherwise make

7 a child legally available for adoptive placement.

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

9 Human Services shall not provide placement and adminis10 trative funds under section 474(a)(3) of the Social Security

11 Act (42 U.S.C. 674(a)(3)) to an agency or entity described

12 in subsection (a) that is not in compliance with subsection

13 (a).

14 (c) EQUITABLE RELIEF.—Any individual who is ag15 grieved by an action in violation of subsection (a), taken

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

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

18 States district court of appropriate jurisdiction.

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

20 construed to affect the application of the Indian Child Wel21 fare Act of 1978 (25 U.S.C. 1901 et seq.).