I 

117TH CONGRESS 

1ST SESSION H. R. 3488 

To prohibit discrimination on the basis of religion, sex (including sexual 

orientation and gender identity), and marital status in the administration 

and provision of child welfare services; to improve safety, well-being, 

and permanency for lesbian, gay, bisexual, transgender, and queer/questioning foster youth, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. DANNY K. DAVIS of Illinois (for himself, Miss GONZA ́LEZ-COLO ́N, Ms. 

CRAIG, and Mr. SEAN PATRICK MALONEY of New York) introduced the 

following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on Energy and Commerce, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child 

welfare services; to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and 

queer/questioning foster youth, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘John Lewis Every 

3 Child Deserves a Family Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Every child or youth unable to live with 

7 their family of origin is entitled to a supportive and 

8 affirming foster care placement. Federal law re9 quires, and child welfare experts recommend, that 

10 children and youth be placed with a family or in the 

11 most family-like setting available. 

12 (2) Thousands of children and youth lack a sta13 ble, safe, and loving temporary or permanent home 

14 and have been placed in a congregate care setting, 

15 which is associated with more placements, poorer 

16 educational outcomes, and greater risk of further 

17 trauma. More homes are needed to accommodate the 

18 growing number of children and youth involved with 

19 child welfare services. 

20 (3) On the last day of fiscal year 2019, there 

21 were an estimated 424,000 children and youth in the 

22 United States foster care system, and 122,000 were 

23 waiting to be adopted. Tragically, approximately 

24 20,000 ‘‘aged out’’ of the child welfare system with25 out a forever family, placing them at higher risk of 


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1 negative outcomes including poverty, homelessness, 

2 incarceration, and early parenthood. 

3 (4) Title VI of the Civil Rights Act of 1964 (42 

4 U.S.C. 2000d et seq.) protects people from discrimi5 nation based on race, color, or national origin in 

6 programs, activities, and services administered or 

7 performed by child welfare agencies. Eliminating dis8 crimination in child welfare based on religion, sex 

9 (including sexual orientation and gender identity), 

10 and marital status would increase the number and 

11 diversity of foster and adoptive homes able to meet 

12 the individual needs of children and youth removed 

13 from their homes. 

14 (5) Lesbian, gay, bisexual, transgender, and 

15 queer/questioning (referred to in this Act as 

16 ‘‘LGBTQ’’) youth are overrepresented in the foster 

17 care system by at least a factor of 2, comprising at 

18 least 30 percent of children and youth in foster care; 

19 these numbers are higher for transgender and non20 binary youth compared to their cisgender LGBQ 

21 counterparts. 

22 (A) While some LGBTQ youth enter foster 

23 care for similar reasons as non-LGBTQ youth, 

24 the two most common reasons for LGBTQ 


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1 youth are high rates of physical abuse and con2 flict with parents. 

3 (B) LGBTQ foster youth report twice the 

4 rate of poor treatment while in care experienced 

5 by foster youth who do not identify as LGBTQ 

6 and are more likely to experience discrimina7 tion, harassment, and violence in the child wel8 fare system than their LGBTQ peers not in the 

9 child welfare system. 

10 (C) Because of high levels of bias, LGBTQ 

11 foster youth have a higher average number of 

12 placements and higher likelihood of living in a 

13 group home than their non-LGBTQ peers, neg14 atively affecting mental health outcomes and 

15 long-term prospects. 

16 (D) Approximately 28 percent of homeless 

17 youth with histories of time in foster care iden18 tified as LGBTQ and were significantly more 

19 likely to experience 7 of 8 adverse events com20 pared to their peers with no foster care history. 

21 (E) LGBTQ youth in foster care had near22 ly 3 times greater odds of reporting a past-year 

23 suicide attempt compared to LGBTQ youth 

24 who were never in foster care (35% versus 

25 13%); these numbers were even higher for 


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1 LGBTQ foster youth of color (38%) and high2 est for transgender and non-binary foster youth 

3 (45%). 

4 (F) LGBTQ youth who had been in foster 

5 care had over 3 times greater odds of being 

6 kicked out, abandoned, or running away due to 

7 treatment based on their LGBTQ identity com8 pared to those who were never in foster care 

9 (27% versus 8%); these numbers were higher 

10 for LGBTQ foster youth of color (30%) and 

11 highest for transgender and non-binary foster 

12 youth (40%). 

13 (6) ‘‘Conversion therapy’’ is a form of discrimi14 nation that harms LGBTQ people. It undermines an 

15 individual’s sense of self-worth, increases suicide ide16 ation and substance abuse, exacerbates family con17 flict, and contributes to second-class status. No sci18 entifically valid evidence supports this discredited 

19 practice, which is prohibited by many States and 

20 foreign nations. Approximately 350,000 LGBTQ 

21 adults were subjected to so-called ‘‘conversion ther22 apy’’ as adolescents, and an estimated 16,000 

23 LGBTQ youth ages 13 to 17 will be subjected to it 

24 by a licensed health care professional before age 18. 


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1 (7) Many youth, especially LGBTQ youth, in2 volved with child welfare services identify with a 

3 cross-section of marginalized communities. Youth of 

4 color are overrepresented in the foster care system, 

5 and the majority of LGBTQ foster youth are youth 

6 of color. Children and youth with multiple margina7 lized identities often experience more stress and 

8 trauma than other youth, compounding the negative 

9 effects of discrimination and increasing the likeli10 hood of negative outcomes. 

11 (8) Prospective parents who experience the 

12 heartbreak and dignitary harm of discrimination 

13 based on religion, sex (including sexual orientation 

14 and gender identity), or marital status may not be 

15 able or willing to apply at another agency, resulting 

16 in fewer available homes, and knowing that discrimi17 nation exists may deter them from even attempting 

18 to foster or adopt. 

19 (9) Professional organizations that serve chil20 dren in the fields of medicine, psychology, law, and 

21 child welfare oppose discrimination against prospec22 tive parents in adoption and foster care. 

23 (10) Religious organizations play a critical role 

24 in providing child welfare services. Most welcome all 

25 children, youth, and families and affirm a diversity 


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1 of religions and faiths. State assessments, planning, 

2 and counseling should connect children and youth 

3 for whom spirituality and religion are important 

4 with affirming, faith-based resources consistent with 

5 the faith of the child or youth. 

6 (11) Child welfare agencies that refuse to serve 

7 same-sex couples and LGBTQ individuals reduce the 

8 pool of qualified and available homes for children 

9 and youth who need placement on a temporary or 

10 permanent basis. 

11 (A) Same-sex couples are 7 times more 

12 likely to foster and adopt than their different13 sex counterparts. 

14 (B) Same-sex couples raising adopted chil15 dren tend to be older than, just as educated as, 

16 and have access to the same economic resources 

17 as other adoptive parents. 

18 (C) Research shows that sexual orientation 

19 is a nondeterminative factor in parental success 

20 and that children with same-sex parents have 

21 the same advantages and expectations for 

22 health, social, and psychological development as 

23 children whose parents are different-sex. 

24 (D) Discrimination against qualified pro25 spective foster and adoptive parents for nonVerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488

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1 merit related reasons denies religious minority, 

2 LGBTQ, and unmarried relatives the oppor3 tunity to become foster and adoptive parents 

4 for their own kin in care, including grand5 children. 

6 (12) LGBTQ families of origin are at risk for 

7 discrimination in child welfare referrals, investiga8 tions, removals, reunification, kinship placements, 

9 and other case management services. A study of low10 income African-American mothers showed that those 

11 who identified as lesbian or bisexual were four times 

12 more likely than their non-LGBTQ counterparts to 

13 lose custody of their children in child welfare pro14 ceedings. LGBTQ-positive services are necessary to 

15 shield families and protect parents’ rights to reunifi16 cation. 

17 (13) Single people are more likely than couples 

18 to experience challenges in adopting due to biases 

19 that persist against single-parent adoption. During 

20 fiscal year 2019, 29 percent of adoptions from foster 

21 care were completed by unmarried single people, in22 cluding adoptions by 2,200 single men and more 

23 than 16,800 single women. Studies show that the 

24 outcomes for children adopted and raised by single 


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1 parents are just as good as, if not better than, out2 comes for children adopted by couples. 

3 (14) More nationwide data about the experi4 ences of LGBTQ children and youth involved with 

5 child welfare services is needed to understand fully 

6 the extent and impact of discrimination and ensure 

7 accountability. States must report and researchers 

8 must collect this sensitive data in an ethical, affirm9 ing, and non-intrusive manner, with appropriate 

10 safeguards to protect respondents. 

11 (b) PURPOSE.—The purposes of this Act are— 

12 (1) to prohibit discrimination on the basis of re13 ligion, sex (including sexual orientation and gender 

14 identity), and marital status in the administration 

15 and provision of child welfare services that receive 

16 Federal funds; and 

17 (2) to improve safety, well-being, and perma18 nency for LGBTQ children and youth involved with 

19 child welfare services. 

20 SEC. 3. EVERY CHILD DESERVES A FAMILY. 

21 (a) PROHIBITION.—No child or youth involved with 

22 child welfare services, family, or individual shall, on the 

23 grounds of religion, sex (including sexual orientation and 

24 gender identity), or marital status, be excluded from par25 ticipation in, denied the benefits of, or subjected to disVerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488

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1 crimination in the administration or provision of child wel2 fare programs and services by a covered entity receiving 

3 Federal financial assistance under part A, B, or E of title 

4 IV; title XIX; or title XX of the Social Security Act. 

5 (b) PRIVATE RIGHT OF ACTION.—Any individual who 

6 is aggrieved by a violation of this Act may bring a civil 

7 action seeking relief in an appropriate United States dis8 trict court. The court shall award a plaintiff prevailing in 

9 such an action all appropriate relief, including injunctive, 

10 declaratory, and other equitable relief necessary to carry 

11 out this Act, attorneys’ fees, and such other relief as the 

12 court deems appropriate. 

13 (c) FEDERAL GUIDANCE.—Not later than 6 months 

14 after the date of the enactment of this Act, the Secretary 

15 shall publish and disseminate guidance with respect to 

16 compliance with this Act. 

17 (d) TECHNICAL ASSISTANCE.—In order to ensure 

18 compliance with and understanding of the legal, practice, 

19 and cultural changes required by this Act, the Secretary 

20 shall provide technical assistance to all covered entities, 

21 including— 

22 (1) identifying State laws and regulations in23 consistent with this Act, and providing guidance and 

24 training to ensure the State laws and regulations are 

25 brought into compliance with this Act by the appliVerDate Sep 11 2014 21:32 Jul 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3488.IH H3488

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1 cable compliance deadline in effect under subsection 

2 (h); 

3 (2) identifying casework practices and proce4 dures inconsistent with this Act and providing guid5 ance and training to ensure the practices and proce6 dures are brought into compliance with this Act by 

7 the applicable compliance deadline; 

8 (3) providing guidance in expansion of recruit9 ment efforts to ensure consideration of all prospec10 tive adoptive and foster parents regardless of the re11 ligion, sex (including sexual orientation and gender 

12 identity), or marital status of the prospective parent; 

13 (4) creating comprehensive cultural competency 

14 training for covered entities and prospective adoptive 

15 and foster parents; and 

16 (5) training judges and attorneys involved in 

17 foster care, guardianship, and adoption cases on the 

18 findings and purposes of this Act. 

19 (e) SERVICE DELIVERY AND TRAINING.— 

20 (1) IN GENERAL.—A covered entity shall pro21 vide service delivery to children and youth involved 

22 with child welfare services, families, and adults, and 

23 staff training, that comprehensively addresses the 

24 individual strengths and needs of children and youth 

25 involved with child welfare services, as well as be 


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1 language appropriate, gender appropriate, and cul2 turally sensitive and respectful of the complex social 

3 identities of the children and youth, families, and 

4 adults currently or prospectively participating in or 

5 receiving child welfare services. 

6 (2) SOCIAL IDENTITY.—In this subsection, the 

7 term ‘‘social identity’’ includes an individual’s race, 

8 ethnicity, nationality, age, religion (including spiritu9 ality), sex (including gender identity and sexual ori10 entation), socioeconomic status, physical or cognitive 

11 ability, language, beliefs, values, behavior patterns, 

12 and customs. 

13 (f) DATA COLLECTION.—Using developmentally ap14 propriate best practices, the Secretary shall collect data 

15 through the Adoption and Foster Care Analysis and Re16 porting System on— 

17 (1) the sexual orientation and gender identity of 

18 children and youth involved with child welfare serv19 ices and foster and adoptive parents; and 

20 (2) whether family conflict related to the sexual 

21 orientation or gender identity of a child or youth 

22 was a factor in the removal of the child or youth 

23 from the family. 

24 (g) NATIONAL RESOURCE CENTER ON SAFETY, 

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1 NENCY FOR LGBTQ CHILDREN AND YOUTH INVOLVED

2 WITH CHILD WELFARE SERVICES.— 

3 (1) IN GENERAL.—The Secretary shall establish 

4 and maintain the National Resource Center on Safe5 ty, Well-Being, Placement Stability, and Perma6 nency for LGBTQ Children and Youth Involved with 

7 Child Welfare Services that will promote well-being, 

8 safety, permanency, stability, and family placement 

9 for LGBTQ children and youth involved with child 

10 welfare services, through training, technical assist11 ance, actions, and guidance that— 

12 (A) increases LGBTQ cultural competency 

13 among the staff of covered entities, and foster, 

14 adoptive, and relative parents, guardians, and 

15 caregivers; 

16 (B) promotes the provision of child welfare 

17 services that address the specific needs of 

18 LGBTQ children and youth involved with child 

19 welfare services and their families; 

20 (C) promotes effective and responsible col21 lection and management of data on the sexual 

22 orientation and gender identity of children and 

23 youth in the child welfare system, with appro24 priate safeguards to protect the data; 


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1 (D) identifies and promotes promising 

2 practices and evidence-based models of engage3 ment and appropriate collective and individual 

4 services and interventions that can be linked to 

5 improved outcomes for LGBTQ children and 

6 youth in the child welfare system; 

7 (E) endorses best practices for human re8 source activities of covered entities, including in 

9 hiring, staff development, and implementing a 

10 system of accountability to carry out those best 

11 practices; and 

12 (F) initiates other actions that improve 

13 safety, well-being, placement stability, and per14 manency outcomes for LGBTQ children and 

15 youth involved with child welfare services at the 

16 State and local level. 

17 (2) ACTIVITIES.—The Secretary shall carry out 

18 the collection and analysis of data and the dissemi19 nation of research to carry out this subsection. 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to the Sec22 retary such sums as may be necessary to establish 

23 and maintain the National Resource Center on Safe24 ty, Well-Being, Placement Stability, and Perma25 nency for LGBTQ Children and Youth Involved with 


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1 Child Welfare Services and carry out the activities 

2 described in this subsection. 

3 (h) DEADLINE FOR COMPLIANCE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a covered entity shall comply with this 

6 section not later than 6 months after publication of 

7 the guidance referred to in subsection (c), or 1 year 

8 after the date of the enactment of this Act, which9 ever occurs first. 

10 (2) AUTHORITY TO EXTEND DEADLINE.—If a 

11 State demonstrates to the satisfaction of the Sec12 retary that it is necessary to amend State law in 

13 order to change a particular practice that is incon14 sistent with this Act, the Secretary may extend the 

15 compliance date for the State and any covered enti16 ties in the State a reasonable number of days after 

17 the close of the first State legislative session begin18 ning after the date the guidance referred to in sub19 section (c) is published. 

20 (3) AUTHORITY TO WITHHOLD FUNDS.—If the 

21 Secretary finds that a covered entity has failed to 

22 comply with this Act, the Secretary may withhold 

23 payment to the State of amounts otherwise payable 

24 to the State under part B or E of title IV of the 


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1 Social Security Act, to the extent determined by the 

2 Secretary. 

3 (i) GAO STUDY.— 

4 (1) IN GENERAL.—Not later than 3 years after 

5 the date of enactment of this Act, the Comptroller 

6 General of the United States shall conduct a study 

7 to determine whether the States have substantially 

8 complied with this Act, including specifically whether 

9 the States have— 

10 (A) eliminated all policies, practices, or 

11 laws that permit a covered entity to violate sub12 section (a); 

13 (B) provided necessary training and tech14 nical support to covered entities to ensure all 

15 services to children and youth involved with 

16 child welfare services are carried out in a non17 discriminatory, affirming, safe, and culturally 

18 competent manner; 

19 (C) collected data necessary to accom20 plishing the purposes of this Act, and ensured 

21 that the data is appropriately safeguarded, in22 cluding data related to— 

23 (i) the sexual orientation and gender 

24 identity of children and youth involved 

25 with child welfare services; 


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1 (ii) the permanency and placement 

2 outcomes and rates for those children and 

3 youth, as compared to their non-LGBTQ 

4 peers; 

5 (iii) the rates at which those children 

6 and youth are placed in family homes as 

7 compared to congregate or group homes; 

8 and 

9 (iv) the sexual orientation, gender 

10 identity, and marital status of foster and 

11 adoptive parents, as well as the placement 

12 rates and wait periods for those foster and 

13 adoptive parents; and 

14 (D) ensured that covered entities— 

15 (i) are in compliance with this Act; 

16 and 

17 (ii) have implemented procedures for 

18 children and youth involved with child wel19 fare services, or individuals or families par20 ticipating in, or seeking to participate in, 

21 child welfare services, to report violations 

22 of this Act. 

23 (2) REPORT TO THE CONGRESS.—Not later 

24 than 6 months after completing the study required 

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1 mit to the Committee on Ways and Means of the 

2 House of Representatives and the Committee on Fi3 nance of the Senate a written report that contains 

4 the results of the study. 

5 (j) RELATION TO OTHER LAWS.— 

6 (1) RULE OF CONSTRUCTION.—Nothing in this 

7 Act shall be construed to invalidate or limit rights, 

8 remedies, or legal standards under title VI of the 

9 Civil Rights Act of 1964. 

10 (2) CERTAIN CLAIMS.—The Religious Freedom 

11 Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) 

12 shall not provide a claim concerning, or a defense to 

13 a claim under, this Act, or provide a basis for chal14 lenging the application or enforcement of this Act. 

15 (k) DEFINITIONS.—In this section: 

16 (1) CHILD OR YOUTH INVOLVED WITH CHILD

17 WELFARE SERVICES.—The term ‘‘child or youth in18 volved with child welfare services’’ means an indi19 vidual, aged 23 or younger, who participates in child 

20 welfare programs or services that receive Federal fi21 nancial assistance under part A, B, or E of title IV; 

22 title XIX; or title XX of the Social Security Act. 

23 (2) CONVERSION THERAPY.— 

24 (A) IN GENERAL.—The term ‘‘conversion 

25 therapy’’ means a form of discrimination that 


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1 includes any practice or treatment which seeks 

2 to change the sexual orientation or gender iden3 tity of an individual, including efforts to change 

4 behaviors or gender expressions or to eliminate 

5 or reduce sexual or romantic attractions or feel6 ings toward individuals of the same gender. 

7 (B) EXCLUSIONS.—The term ‘‘conversion 

8 therapy’’ does not include counseling that pro9 vides assistance to an individual undergoing 

10 gender transition, or counseling that provides 

11 acceptance, support, and understanding of an 

12 individual or facilitates an individual with cop13 ing, social support, and identity exploration and 

14 development, including sexual orientation-neu15 tral interventions to prevent or address unlaw16 ful conduct or unsafe sexual practices. 

17 (3) COVERED ENTITY.—The term ‘‘covered en18 tity’’ means an entity that— 

19 (A) receives Federal financial assistance 

20 under part A, B, or E of title IV; title XIX; or 

21 title XX of the Social Security Act; and 

22 (B) is involved in the administration or 

23 provision of child welfare programs or services. 

24 (4) GENDER IDENTITY.—The term ‘‘gender 

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1 ance, mannerisms, or other gender-related character2 istics of an individual, regardless of the designated 

3 sex of the individual at birth. 

4 (5) RELIGION; SEX (INCLUDING SEXUAL ORI5 ENTATION AND GENDER IDENTITY), OR MARITAL

6 STATUS.—The term ‘‘religion, sex (including sexual 

7 orientation and gender identity), or marital status’’, 

8 used with respect to an individual, includes— 

9 (A) the religion, sex (including sexual ori10 entation and gender identity), or marital status, 

11 respectively, of another person with whom the 

12 individual is or has been associated; and 

13 (B) a perception or belief, even if inac14 curate, concerning the religion, sex (including 

15 sexual orientation and gender identity), or mar16 ital status, respectively, of the individual. 

17 (6) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Health and Human Services. 

19 (7) SEX.—The term ‘‘sex’’ includes— 

20 (A) a sex stereotype; 

21 (B) pregnancy, childbirth, or a related 

22 medical condition; 

23 (C) sexual orientation or gender identity; 

24 and 


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1 (D) sex characteristics, including intersex 

2 traits. 

3 (8) SEXUAL ORIENTATION.—The term ‘‘sexual 

4 orientation’’ means homosexuality, heterosexuality, 

5 or bisexuality. 

6 (9) STATE.—The term ‘‘State’’ means each of 

7 the 50 States of the United States, the District of 

8 Columbia, the Commonwealth of Puerto Rico, the 

9 United States Virgin Islands, Guam, the Common10 wealth of the Northern Mariana Islands, and Amer11 ican Samoa. 

Æ 


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