I 
116TH CONGRESS 
1ST SESSION H. R. 3114 
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/ques-
tioning foster youth; and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2019 
Mr. LEWIS (for himself and Miss GONZA´LEZ-COLO´N of Puerto Rico) intro-
duced 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 (in-
cluding sexual orientation and gender identity), and mar-
ital status in the administration and provision of child 
welfare services; to improve safety, well-being, and per-
manency for lesbian, gay, bisexual, transgender, and 
queer/questioning foster youth; and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Every Child Deserves 
a Family Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Every child or youth unable to live with 
their family of origin is entitled to a supportive and 
affirming foster care placement. Federal law re-
quires, and child welfare experts recommend, that 
children and youth be placed with a family or in the 
most family-like setting available. 
(2) Thousands of children and youth lack a sta-
ble, safe, and loving temporary or permanent home 
and have been placed in a congregate care setting, 
which is associated with more placements, poorer 
educational outcomes, and greater risk of further 
trauma. More homes are needed to accommodate the 
growing number of children and youth involved with 
child welfare services. 
(3) In 2017, there were an estimated 443,000 
children and youth in the United States foster care 
system, and 123,000 were eligible and waiting to be 
adopted. Tragically, approximately 20,000 ‘‘aged 
out’’ of the child welfare system without a forever 
family, placing them at higher risk of negative out-
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
comes including poverty, homelessness, incarcer-
ation, and early parenthood. 
(4) Title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.) protects people from discrimi-
nation based on race, color, or national origin in 
programs, activities, and services administered or 
performed by child welfare agencies. Eliminating dis-
crimination in child welfare based on religion, sex 
(including sexual orientation and gender identity), 
and marital status would increase the number and 
diversity of foster and adoptive homes able to meet 
the individual needs of children and youth removed 
from their homes. 
(5) Lesbian, gay, bisexual, transgender, and 
queer/questioning (referred to in this Act as 
‘‘LGBTQ’’) youth are overrepresented in the foster 
care system by at least a factor of 2, comprising at 
least 22 to 30 percent of children and youth in fos-
ter care. 
(A) While some LGBTQ youth enter foster 
care for similar reasons as non-LGBTQ youth, 
the two most common reasons for LGBTQ 
youth are high rates of physical abuse and con-
flict with parents. 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
(B) LGBTQ foster youth report twice the 
rate of poor treatment while in care experienced 
by foster youth who do not identify as LGBTQ 
and are more likely to experience discrimina-
tion, harassment, and violence in the child wel-
fare system than their LGBTQ peers not in the 
child welfare system. 
(C) Because of high levels of bias, LGBTQ 
foster youth have a higher average number of 
placements and higher likelihood of living in a 
group home than their non-LGBTQ peers, neg-
atively affecting mental health outcomes and 
long-term prospects. 
(D) Approximately 60 percent of homeless 
LGBTQ youth were previously in foster care, 
and many reported that living on the streets 
felt safer than living in a group or foster home. 
(6) ‘‘Conversion therapy’’ is a form of discrimi-
nation that harms LGBTQ people. It undermines an 
individual’s sense of self-worth, increases suicide ide-
ation and substance abuse, exacerbates family con-
flict, and contributes to second-class status. No sci-
entifically valid evidence supports this discredited 
practice, which is prohibited by many States and 
foreign nations. Approximately 350,000 LGBTQ 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
adults were subjected to so-called ‘‘conversion ther-
apy’’ as adolescents, and an estimated 20,000 
LGBTQ youth ages 13 to 17 will be subjected to it 
by a licensed health care professional before age 18. 
(7) Many youth, especially LGBTQ youth, in-
volved with child welfare services identify with a 
cross-section of marginalized communities. Youth of 
color are overrepresented in the foster care system, 
and the majority of LGBTQ foster youth are youth 
of color. Children and youth with multiple margina-
lized identities often experience more stress and 
trauma than other youth, compounding the negative 
effects of discrimination and increasing the likeli-
hood of negative outcomes. 
(8) Prospective parents who experience the 
heartbreak and dignitary harm of discrimination 
based on religion, sex (including sexual orientation 
and gender identity), or marital status may not be 
able or willing to apply at another agency, resulting 
in fewer available homes, and knowing that discrimi-
nation exists may deter them from even attempting 
to foster or adopt. 
(9) Professional organizations that serve chil-
dren in the fields of medicine, psychology, law, and 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
child welfare oppose discrimination against prospec-
tive parents in adoption and foster care. 
(10) Religious organizations play a critical role 
in providing child welfare services. Most welcome all 
children, youth, and families and affirm a diversity 
of religions and faiths. State assessments, planning, 
and counseling should connect children and youth 
for whom spirituality and religion are important 
with affirming, faith-based resources consistent with 
the faith of the child or youth. 
(11) Child welfare agencies that refuse to serve 
same-sex couples and LGBTQ individuals reduce the 
pool of qualified and available homes for children 
and youth who need placement on a temporary or 
permanent basis. 
(A) Same-sex couples are 7 times more 
likely to foster and adopt than their different- 
sex counterparts. 
(B) Same-sex couples raising adopted chil-
dren tend to be older than, just as educated as, 
and have access to the same economic resources 
as other adoptive parents. 
(C) Research shows that sexual orientation 
is a nondeterminative factor in parental success 
and that children with same-sex parents have 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
the same advantages and expectations for 
health, social, and psychological development as 
children whose parents are different-sex. 
(D) Discrimination against qualified pro-
spective foster and adoptive parents for non- 
merit related reasons denies religious minority, 
LGBTQ, and unmarried relatives the oppor-
tunity to become foster and adoptive parents 
for their own kin in care, including grand-
children. 
(12) LGBTQ families of origin are at risk for 
discrimination in child welfare referrals, investiga-
tions, removals, reunification, kinship placements, 
and other case management services. A study of low- 
income African-American mothers showed that those 
who identified as lesbian or bisexual were four times 
more likely than their non-LGBTQ counterparts to 
lose custody of their children in child welfare pro-
ceedings. LGBTQ-positive services are necessary to 
shield families and protect parents’ rights to reunifi-
cation. 
(13) Single people are more likely than couples 
to experience challenges in adopting due to biases 
that persist against single-parent adoption. In 2017, 
28 percent of adoptions from foster care were com-
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
pleted by unmarried single people, including adop-
tions from almost 2,000 single men and over 14,800 
single women. Studies show that the outcomes for 
children adopted and raised by single parents are 
just as good as, if not better than, outcomes for chil-
dren adopted by couples. 
(14) More nationwide data about the experi-
ences of LGBTQ children and youth involved with 
child welfare services is needed to understand fully 
the extent and impact of discrimination and ensure 
accountability. States must report and researchers 
must collect this sensitive data in an ethical, affirm-
ing, and non-intrusive manner, with appropriate 
safeguards to protect respondents. 
(b) PURPOSE.—The purposes of this Act are— 
(1) to prohibit discrimination on the basis of re-
ligion, sex (including sexual orientation and gender 
identity), and marital status in the administration 
and provision of child welfare services that receive 
Federal funds; and 
(2) to improve safety, well-being, and perma-
nency for LGBTQ children and youth involved with 
child welfare services. 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
SEC. 3. EVERY CHILD DESERVES A FAMILY. 
(a) PROHIBITION.—No child or youth involved with 
child welfare services, family, or individual shall, on the 
grounds of religion, sex (including sexual orientation and 
gender identity), or marital status, be excluded from par-
ticipation in, denied the benefits of, or subjected to dis-
crimination in the administration or provision of child wel-
fare programs and services by a covered entity receiving 
Federal financial assistance under part A, B, or E of title 
IV; title XIX; or title XX of the Social Security Act. 
(b) PRIVATE RIGHT OF ACTION.—Any individual who 
is aggrieved by a violation of this Act may bring a civil 
action seeking relief in an appropriate United States dis-
trict court. The court shall award a plaintiff prevailing in 
such an action all appropriate relief, including injunctive, 
declaratory, and other equitable relief necessary to carry 
out this Act, attorneys’ fees, and such other relief as the 
court deems appropriate. 
(c) FEDERAL GUIDANCE.—Not later than 6 months 
after the date of the enactment of this Act, the Secretary 
shall publish and disseminate guidance with respect to 
compliance with this Act. 
(d) TECHNICAL ASSISTANCE.—In order to ensure 
compliance with and understanding of the legal, practice, 
and cultural changes required by this Act, the Secretary 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS
shall provide technical assistance to all covered entities, 
including— 
(1) identifying State laws and regulations in-
consistent with this Act, and providing guidance and 
training to ensure the State laws and regulations are 
brought into compliance with this Act by the appli-
cable compliance deadline in effect under subsection 
(h); 
(2) identifying casework practices and proce-
dures inconsistent with this Act and providing guid-
ance and training to ensure the practices and proce-
dures are brought into compliance with this Act by 
the applicable compliance deadline; 
(3) providing guidance in expansion of recruit-
ment efforts to ensure consideration of all prospec-
tive adoptive and foster parents regardless of the re-
ligion, sex (including sexual orientation and gender 
identity), or marital status of the prospective parent; 
(4) creating comprehensive cultural competency 
training for covered entities and prospective adoptive 
and foster parents; and 
(5) training judges and attorneys involved in 
foster care, guardianship, and adoption cases on the 
findings and purposes of this Act. 
(e) SERVICE DELIVERY AND TRAINING.— 
VerDate Sep 11 2014 
05:11 Jun 12, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3114.IH
H3114
kjohnson on DSK79L0C42 with BILLS