II

103D CONGRESS

1ST 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 and Ms. MOSELEY-BRAUN) introduced the following bill; which was read twice and referred to the Committee on Labor

and Human Resources

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 1993’’.
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•S 1224 IS

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; and

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

8 length of time for children waiting to be adopted.

9 (b) PURPOSE.—It is the purpose of this Act to de10 crease the length of time for children waiting to be adopt11 ed and to prevent discrimination in the placement of chil12 dren on the basis of race, color or national origin.

13 SEC. 3. MULTIETHNIC PLACEMENTS.

14 (a) ACTIVITIES.—

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

16 receives Federal assistance and is involved in adop17 tion or foster care placements may not delay or deny

18 the placement of a child for adoption or into foster

19 care, or otherwise discriminate in making a place20 ment decision, solely because of the race, color, or

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

22 parents or the child.

23 (2) PERMISSIBLE CONSIDERATION.—An agency

24 or entity to which paragraph (1) applies may con25 sider the race, color, or national origin of a child in

26 arriving at a placement decision if such factors are
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•S 1224 IS

1 relevant to the best interests of the child involved

2 and are considered in conjunction with other factors.

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

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

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

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

7 decision of the agency or entity involved to seek the

8 termination of birth parent rights or otherwise make

9 a child legally available for adoptive placement.

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

11 Human Services shall not provide adoption assistance

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

13 to an agency or entity that is not in compliance with sub14 section (a).

15 (c) EQUITABLE RELIEF.—Any individual aggrieved

16 by an agency or entity in violation of 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 an adoption or foster care placement

21 made pursuant to the Indian Child Welfare Act of 1978

22 (25 U.S.C. 1901 et seq.).

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