I

103D CONGRESS

1ST SESSION H. R. 3307

To prohibit any entity that receives Federal assistance from delaying or

denying the placement of a child into foster care or for adoption based

on any difference between the race, color, or national origin of the

child and that of the prospective foster or adoptive parent or parents

if a prospective parent of the same race, color, or national origin is

not available.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 1993

Mr. GUTIERREZ introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To prohibit any entity that receives Federal assistance from

delaying or denying the placement of a child into foster

care or for adoption based on any difference between

the race, color, or national origin of the child and that

of the prospective foster or adoptive parent or parents

if a prospective parent of the same race, color, or national origin is not available.

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’’.
2

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1 SEC. 2. MULTIETHNIC PLACEMENTS.

2 (a) PROHIBITION AGAINST DISCRIMINATION BASED

3 ON DIFFERENCES IN RACE, COLOR, OR NATIONAL ORI4 GIN.—In determining the placement of a child for foster

5 care or adoption, in a case in which an individual of the

6 same race, color, or national origin as the child is not

7 available to be the parent of the child, an entity that re8 ceives Federal assistance may not give greater weight to

9 any difference between the race, color, or national origin

10 of the child and that of any prospective parent of the child

11 than the entity gives to any other factor used in determin12 ing the best interests of the child.

13 (b) INAPPLICABILITY TO PLACEMENTS UNDER THE

14 INDIAN CHILD WELFARE ACT OF 1978.—Subsection (a)

15 shall not apply to the placement of a child into foster care

16 or for adoption under the Indian Child Welfare Act of

17 1978 (25 U.S.C. 1901 et seq.).

18 (c) PRIVATE RIGHT OF ACTION.—Any individual ag19 grieved by a violation of subsection (a) by an entity may

20 bring an action in the United States district court for the

21 district in which the individual or the entity is located for

22 damages and such other relief as the court may deem

23 appropriate.
3

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1 SEC. 3. DENIAL OF FEDERAL PAYMENTS FOR FOSTER CARE

2 AND ADOPTION ASSISTANCE IF STATE PRO3 GRAM UNLAWFULLY DISCRIMINATES IN

4 CHILD PLACEMENT DECISIONS.

5 (a) IN GENERAL.—Section 471(a) of the Social Secu6 rity Act (42 U.S.C. 671(a)) is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (16);

9 (2) by striking the period at the end of para10 graph (17); and

11 (3) by adding at the end the following:

12 ‘‘(18) provides that the State agency, and any

13 local agency involved in the placement of children

14 into foster care or for adoption, will comply with sec15 tion 2 of the Multiethnic Placement Act of 1993.’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall apply to payments under part E of

18 title IV of the Social Security Act for calendar quarters

19 beginning after the date of the enactment of this Act.

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