I 
118TH CONGRESS 
1ST SESSION H. R. 4282 
To protect individuals with disabilities who are parents, legal guardians, 
relatives, other caregivers, foster or adoptive parents, or individuals seek-
ing to become foster or adoptive parents from discrimination in the 
child welfare system. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2023 
Mrs. CHERFILUS-MCCORMICK (for herself, Ms. NORTON, Mr. CARSON, Mr. 
SCHIFF, Mr. THOMPSON of Mississippi, Mr. EVANS, Mr. PAYNE, Mr. 
GRIJALVA, and Mr. CLEAVER) introduced the following bill; which was re-
ferred to the Committee on Ways and Means 
A BILL 
To protect individuals with disabilities who are parents, legal 
guardians, relatives, other caregivers, foster or adoptive 
parents, or individuals seeking to become foster or adop-
tive parents from discrimination in the child welfare sys-
tem. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equality for Families 
with Disabilities Act’’. 
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SEC. 2. FINDING. 
The Congress finds that title II of the Americans 
with Disabilities Act of 1990 and section 504 of the Reha-
bilitation Act of 1973 protect qualified individuals with 
disabilities, which can include children, parents, legal 
guardians, relatives, other caregivers, foster and adoptive 
parents, and individuals seeking to become foster or adop-
tive parents, from discrimination by child welfare agencies 
and courts. 
SEC. 3. STATE PLAN REQUIREMENTS FOR PROTECTING IN-
DIVIDUALS WITH DISABILITIES WHO ARE 
PARENTS, LEGAL GUARDIANS, RELATIVES, 
OTHER CAREGIVERS, FOSTER OR ADOPTIVE 
PARENTS, OR INDIVIDUALS SEEKING TO BE-
COME FOSTER OR ADOPTIVE PARENTS. 
(a) IN GENERAL.—Section 422(b) of the Social Secu-
rity Act (42 U.S.C. 622(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(18); 
(2) by striking the period at the end of para-
graph (19) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(20) provide that the State will, in consulta-
tion with individuals with experience with the child 
welfare system who are parents or caregivers with a 
disability, or who are individuals whose parent or 
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caregiver had a disability, develop and explain the 
procedural safeguards and supportive parenting 
services provided to individuals with disabilities who 
are parents, legal guardians, relatives, other care-
givers, foster or adoptive parents, or individuals 
seeking to become foster or adoptive parents, from 
the time of earliest interaction with a family through 
any ongoing judicial or administrative proceeding, 
including a description of how each such individual 
receives— 
‘‘(A) a fact-specific, individualized par-
enting assessment that does not rely on gen-
eralizations but evaluates the strengths, needs, 
and capabilities of the individual with a dis-
ability, based on objective evidence, personal 
circumstances, and demonstrated competencies; 
and 
‘‘(B) parenting education that is peer-re-
viewed or a best practice for use; and 
‘‘(21) demonstrate best efforts to provide sup-
portive services, accommodations, and effective com-
munication, directly or by referral, with follow-up to 
ensure resource connection, to ensure full and equal 
opportunities for participation by individuals with 
disabilities who are parents, legal guardians, rel-
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atives, other caregivers, foster or adoptive parents, 
or individuals seeking to become foster or adoptive 
parents, including by making available training on 
the rights of individuals with disabilities who are in-
volved with child welfare proceedings and how to en-
sure full and equal participation of the individuals in 
the proceedings, and, in the case of child welfare 
professionals or court personnel, how to conduct par-
enting assessments and provide parenting education 
to various populations of individuals with disabilities 
to ensure that any restrictions on parental rights are 
not imposed solely on the basis of disability.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect 1 year after the ma-
terials required by section 5 of this Act are dissemi-
nated, and shall apply to payments under subpart 1 
of part B of title IV of the Social Security Act for 
calendar quarters beginning on or after such date. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
Services determines that State legislation (other 
than legislation appropriating funds) is required in 
order for a State plan developed pursuant to subpart 
1 of part B of title IV of the Social Security Act to 
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meet the additional requirements imposed by the 
amendments made by subsection (a), the plan shall 
not be regarded as failing to meet any of the addi-
tional requirements before the 1st day of the 1st cal-
endar quarter beginning after the first regular ses-
sion of the State legislature that begins 1 year after 
the materials required by section 5 of this Act are 
disseminated. For purposes of the preceding sen-
tence, if the State has a 2-year legislative session, 
each year of the session is deemed to be a separate 
regular session of the State legislature. 
SEC. 4. AMENDMENTS TO THE STATE COURT IMPROVE-
MENT PROGRAM. 
(a) IN GENERAL.—Section 438 of the Social Security 
Act (42 U.S.C. 629h) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by adding at the end 
the following: 
‘‘(F) that determine child placements in 
any case involving an individual with a dis-
ability who is a parent, legal guardian, relative, 
other caregiver, foster or adoptive parent, or an 
individual seeking to become an adoptive or fos-
ter parent;’’; and 
(B) in paragraph (2)— 
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‘‘(4) a demonstration of meaningful efforts by 
the highest court in the State to ensure that each 
court in the State affords full and equal opportuni-
ties for participation by individuals with disabilities 
who are parents, legal guardians, relatives, other 
caregivers, foster or adoptive parents, or individuals 
seeking to become foster or adoptive parents, includ-
ing by working with the State agency administering, 
or supervising the administration of, a plan under 
this part or part E, and, as applicable, Indian tribes 
or tribal organizations, to make available training on 
the rights of individuals with disabilities who are in-
volved with child welfare proceedings and how to en-
sure full and equal participation of the individuals in 
the proceedings, and, in the case of child welfare 
professionals or court personnel, how to conduct par-
enting assessments and provide parenting education 
to various populations of individuals with disabil-
ities.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the 1st day of the 1st 
Federal fiscal year that begins after the date of the enact-
ment of this Act. 
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SEC. 5. EDUCATION AND TRAINING. 
Subpart 1 of part B of title IV of the Social Security 
Act (42 U.S.C. 620–628b) is amended by adding at the 
end the following: 
‘‘SEC. 429A. EDUCATION AND TRAINING. 
‘‘(a) IN GENERAL.—The Secretary and the Attorney 
General, in consultation with the entities referred to in 
subsection (b), shall— 
‘‘(1) directly or by contract, jointly revise the 
technical assistance provided in August 2015 for 
State and local child welfare agencies and courts on 
protecting the rights of parents and prospective par-
ents with disabilities, to— 
‘‘(A) 
include 
recommended 
minimum 
guidelines for ensuring compliance with protec-
tions offered under Federal law, which shall re-
flect evidence-based or best practices in the 
field; 
‘‘(B) address the amendments made by the 
Equality for Families with Disabilities Act; 
‘‘(C) describe the requirements imposed by 
or under the amendments and the mechanisms 
by which the requirements will be enforced; and 
‘‘(D) include education and training mate-
rials that include, at minimum, guidelines for— 
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‘‘(i) conducting individualized par-
enting assessments of persons with disabil-
ities that— 
‘‘(I) are, where possible, peer-re-
viewed or a best practice, and always 
fact-specific; and 
‘‘(II) 
evaluate 
the 
strengths, 
needs, and capabilities of a particular 
person with disabilities based on ob-
jective 
evidence, 
personal 
cir-
cumstances, 
demonstrated 
com-
petencies, and other factors that are 
divorced from generalizations and 
stereotypes regarding people with dis-
abilities; 
‘‘(ii) providing full and equal opportu-
nities to benefit from or participate in 
child welfare programs, services, and ac-
tivities that are equal to those extended to 
individuals without disabilities, including 
the use of disability-specific, peer-reviewed, 
or best practice parenting training tools 
and reasonable modifications in policies, 
practices, and procedures when necessary 
to avoid discrimination; and 
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‘‘(iii) reunifying families in cases in-
volving individuals with disabilities; 
‘‘(2) ensure that the revised technical assistance 
is addressed to States, Indian tribes, and courts; 
and 
‘‘(3) within 1 year after the date of the enact-
ment of this section, disseminate the revised tech-
nical assistance to States, tribes, and courts. 
‘‘(b) CONSULTATION ENTITIES.—The entities re-
ferred to in this subsection shall include: 
‘‘(1) Federal entities, such as— 
‘‘(A) the Assistant Secretary for the Ad-
ministration for Children and Families of the 
Department of Health and Human Services; 
‘‘(B) the Administrator of the Administra-
tion for Community Living of the Department 
of Health and Human Services; 
‘‘(C) the Assistant Attorney General for 
the Civil Rights Division of the Department of 
Justice; 
‘‘(D) the Chairperson of the National 
Council on Disability; and 
‘‘(E) the Commissioner of Administration 
for Native Americans; 
‘‘(2) State, local, and tribal entities, such as— 
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‘‘(A) State, local, and tribal child welfare 
agencies; 
‘‘(B) Protection and Advocacy Systems; 
‘‘(C) a representative of the State Councils 
on Developmental Disabilities; 
‘‘(D) a representative of the Conference of 
Chief Justices; and 
‘‘(E) a representative of the Conference of 
State Court Administrators; 
‘‘(3) disability and child welfare community en-
tities, such as— 
‘‘(A) individuals representing the disability 
community and reflecting the diverse character-
istics of the members of that community, in-
cluding individuals with disabilities who have 
been discriminated against in the child welfare 
system; and 
‘‘(B) child welfare professionals; 
‘‘(4) individuals with experience with the child 
welfare system who are parents or caregivers with a 
disability, or who are individuals whose parent or 
caregiver had a disability; and 
‘‘(5) representatives of such other agencies or 
entities as the Secretary may designate.’’. 
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SEC. 6. REPORT TO CONGRESS. 
Within 4 years after the date of the enactment of this 
Act, the Secretary of Health and Human Services shall 
submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance 
of the Senate a written report on the implementation of 
this Act. The report shall include the following: 
(1) A description and analysis of amended 
State plans for child welfare services that have been 
submitted as a result of this Act, including the effect 
of the amendments on the treatment of and opportu-
nities for participation afforded to individuals with 
disabilities who are parents, legal guardians, rel-
atives, other caregivers, foster or adoptive parents, 
or individuals seeking to become foster or adoptive 
parents. 
(2) A description of procedures put in place by 
State agencies administering or supervising the ad-
ministration of a plan developed or approved under 
part B or E of title IV of the Social Security Act 
to ensure that each individual with a disability who 
is a parent, legal guardian, relative, other caregiver, 
foster or adoptive parent, or individual seeking to 
become a foster or adoptive parent receives a fact- 
specific, individualized parenting assessment and 
parenting education. 
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(3) A description and analysis of efforts made 
by the highest court of each State to afford full and 
equal opportunities for participation by individuals 
with disabilities who are parents, legal guardians, 
relatives, other caregivers, foster or adoptive par-
ents, or individuals seeking to become foster or 
adoptive parents who are involved in child welfare 
proceedings. 
(4) An analysis of the outcomes for individuals 
with disabilities who are parents, legal guardians, 
relatives, other caregivers, foster or adoptive par-
ents, or individuals seeking to become foster or 
adoptive parents when involved in child welfare pro-
ceedings before or after the enactment of this Act, 
including the rate at which the parental rights of the 
individuals are terminated. 
(5) An analysis of the specific revisions made to 
the 2015 technical assistance referred to in section 
5(a)(1) of this Act in accordance with the require-
ments of section 5 of this Act, and a list of all con-
sultation entities that were consulted in the revision 
process. 
(6) An analysis of how State agencies admin-
istering or supervising the administration of a plan 
developed or approved under part B or E of title IV 
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of the Social Security Act, as applicable, Indian 
tribes or tribal organizations, and the highest court 
of each State have used the technical assistance re-
vised as required by section 5 of this Act. 
Æ 
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