II 

116TH CONGRESS 

1ST SESSION S. 1073 

To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2019 

Mr. KAINE (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Child Abuse Prevention and Treatment Act 

to ensure protections for lesbian, gay, bisexual, and 

transgender youth and their families. 

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 ‘‘Protecting LGBTQ 

5 Youth Act’’. 

6 SEC. 2. AMENDMENTS TO CAPTA. 

7 The Child Abuse Prevention and Treatment Act (42 

8 U.S.C. 5101 et seq.) is amended— 

9 (1) in section 104 (42 U.S.C. 5105)— 


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•S 1073 IS

1 (A) in subsection (a)— 

2 (i) in paragraph (1)— 

3 (I) by redesignating subpara4 graphs (N) and (O) as subparagraphs 

5 (O) and (P), respectively; 

6 (II) by inserting after subpara7 graph (M) the following: 

8 ‘‘(N) child abuse and neglect issues facing 

9 lesbian, gay, bisexual, and transgender youth 

10 and families, including providing recommenda11 tions for improving the collection of data at the 

12 Federal, State, and local levels to better identify 

13 young people who may be at risk of, or experi14 encing, child abuse or neglect because of their 

15 sexual orientation or gender identity;’’; 

16 (III) in subparagraph (O), as so 

17 redesignated, by striking ‘‘subpara18 graph (O)’’ and inserting ‘‘subpara19 graph (P)’’; and 

20 (IV) in clause (ix) of subpara21 graph (P), as so redesignated, by in22 serting ‘‘(including sexual orientation 

23 and gender identity)’’ after ‘‘sex’’; and 


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•S 1073 IS

1 (ii) in paragraph (2), by striking 

2 ‘‘paragraph (1)(O)’’ and inserting ‘‘para3 graph (1)(P)’’; and 

4 (B) in subsection (b), by inserting ‘‘or les5 bian, gay, bisexual, and transgender youth’’ 

6 after ‘‘children with disabilities’’; 

7 (2) in section 105(a)(1)(E) (42 U.S.C. 

8 5106(a)(1)(E)), by inserting ‘‘and lesbian, gay, bi9 sexual, and transgender youth’’ after ‘‘children with 

10 disabilities’’; 

11 (3) in section 106(d)(1) (42 U.S.C. 

12 5106a(d)(1)), by inserting ‘‘, disaggregated by de13 mographic characteristics such as age, sex (including 

14 sexual orientation and gender identity), race, family 

15 structure, household relationship, school enrollment 

16 and education attainment, disability, grandparents 

17 as caregivers, labor force status, work status in pre18 vious year, and income in previous year’’ before the 

19 period; 

20 (4) in section 107 (42 U.S.C. 5106c)— 

21 (A) in subsection (a)— 

22 (i) by redesignating paragraphs (3) 

23 and (4) as paragraphs (4) and (5), respec24 tively; and 


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•S 1073 IS

1 (ii) by inserting after paragraph (2) 

2 the following: 

3 ‘‘(3) the assessment and investigation of cases 

4 involving lesbian, gay, bisexual, and transgender 

5 youth who are suspected victims of child abuse or 

6 neglect;’’; 

7 (B) in subsection (b)(5), by striking ‘‘para8 graphs (1) through (3)’’ and inserting ‘‘para9 graphs (1) through (4)’’; and 

10 (C) in subsection (c)(1)— 

11 (i) by redesignating subparagraphs 

12 (G) through (J) as subparagraphs (H) 

13 through (K), respectively; and 

14 (ii) by inserting after subparagraph 

15 (F) the following: 

16 ‘‘(G) individuals experienced in working 

17 with lesbian, gay, bisexual, and transgender 

18 youth and families;’’; 

19 (5) in section 201(b)(1)(G) (42 U.S.C. 

20 5116(b)(1)(G)), by inserting ‘‘(including lesbian, 

21 gay, bisexual, and transgender youth and families)’’ 

22 before the semicolon; 

23 (6) in section 202 (42 U.S.C. 5116a)— 

24 (A) in paragraph (2)— 


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•S 1073 IS

1 (i) in subparagraph (A), by inserting 

2 ‘‘and families with other vulnerable youth, 

3 including lesbian, gay, bisexual, and 

4 transgender youth’’ before the semicolon; 

5 and 

6 (ii) in subparagraph (B), by striking 

7 ‘‘and public sector and private nonprofit 

8 sector service providers, and parents with 

9 disabilities’’ and inserting ‘‘public sector 

10 and private nonprofit sector service pro11 viders, parents with disabilities, and par12 ents of other vulnerable youth, including 

13 lesbian, gay, bisexual, and transgender 

14 youth’’; and 

15 (B) in paragraph (3)— 

16 (i) in subparagraph (C), by striking ‘‘; 

17 and’’ and inserting a semicolon; 

18 (ii) in subparagraph (D), by striking 

19 the period and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(E) will integrate its efforts with individ23 uals and organizations experienced in working 

24 in partnership with families with vulnerable 

25 youth, including lesbian, gay, bisexual, and 


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•S 1073 IS

1 transgender youth, and with the child abuse 

2 and neglect prevention activities of the State, 

3 and demonstrate a financial commitment to 

4 those activities.’’; and 

5 (7) in section 206(4) (42 U.S.C. 5116f(4)), by 

6 striking ‘‘and parents with disabilities’’ and inserting 

7 ‘‘parents with disabilities, and families with other 

8 vulnerable youth, including lesbian, gay, bisexual, 

9 and transgender youth’’. 

Æ 


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