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/ques-
tioning 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 consider-
ation 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 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘John Lewis 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) On the last day of fiscal year 2019, there 
were an estimated 424,000 children and youth in the 
United States foster care system, and 122,000 were 
waiting to be adopted. Tragically, approximately 
20,000 ‘‘aged out’’ of the child welfare system with-
out a forever family, placing them at higher risk of 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
negative outcomes including poverty, homelessness, 
incarceration, 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 30 percent of children and youth in foster care; 
these numbers are higher for transgender and non-
binary youth compared to their cisgender LGBQ 
counterparts. 
(A) While some LGBTQ youth enter foster 
care for similar reasons as non-LGBTQ youth, 
the two most common reasons for LGBTQ 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
youth are high rates of physical abuse and con-
flict with parents. 
(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 28 percent of homeless 
youth with histories of time in foster care iden-
tified as LGBTQ and were significantly more 
likely to experience 7 of 8 adverse events com-
pared to their peers with no foster care history. 
(E) LGBTQ youth in foster care had near-
ly 3 times greater odds of reporting a past-year 
suicide attempt compared to LGBTQ youth 
who were never in foster care (35% versus 
13%); these numbers were even higher for 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
LGBTQ foster youth of color (38%) and high-
est for transgender and non-binary foster youth 
(45%). 
(F) LGBTQ youth who had been in foster 
care had over 3 times greater odds of being 
kicked out, abandoned, or running away due to 
treatment based on their LGBTQ identity com-
pared to those who were never in foster care 
(27% versus 8%); these numbers were higher 
for LGBTQ foster youth of color (30%) and 
highest for transgender and non-binary foster 
youth (40%). 
(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 
adults were subjected to so-called ‘‘conversion ther-
apy’’ as adolescents, and an estimated 16,000 
LGBTQ youth ages 13 to 17 will be subjected to it 
by a licensed health care professional before age 18. 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
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 
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- 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
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. During 
fiscal year 2019, 29 percent of adoptions from foster 
care were completed by unmarried single people, in-
cluding adoptions by 2,200 single men and more 
than 16,800 single women. Studies show that the 
outcomes for children adopted and raised by single 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
parents are just as good as, if not better than, out-
comes for children 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. 
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-
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
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 
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-
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
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.— 
(1) IN GENERAL.—A covered entity shall pro-
vide service delivery to children and youth involved 
with child welfare services, families, and adults, and 
staff training, that comprehensively addresses the 
individual strengths and needs of children and youth 
involved with child welfare services, as well as be 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
language appropriate, gender appropriate, and cul-
turally sensitive and respectful of the complex social 
identities of the children and youth, families, and 
adults currently or prospectively participating in or 
receiving child welfare services. 
(2) SOCIAL IDENTITY.—In this subsection, the 
term ‘‘social identity’’ includes an individual’s race, 
ethnicity, nationality, age, religion (including spiritu-
ality), sex (including gender identity and sexual ori-
entation), socioeconomic status, physical or cognitive 
ability, language, beliefs, values, behavior patterns, 
and customs. 
(f) DATA COLLECTION.—Using developmentally ap-
propriate best practices, the Secretary shall collect data 
through the Adoption and Foster Care Analysis and Re-
porting System on— 
(1) the sexual orientation and gender identity of 
children and youth involved with child welfare serv-
ices and foster and adoptive parents; and 
(2) whether family conflict related to the sexual 
orientation or gender identity of a child or youth 
was a factor in the removal of the child or youth 
from the family. 
(g) NATIONAL RESOURCE CENTER
ON SAFETY, 
WELL-BEING, PLACEMENT
STABILITY, AND
PERMA-
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
NENCY FOR LGBTQ CHILDREN AND YOUTH INVOLVED 
WITH CHILD WELFARE SERVICES.— 
(1) IN GENERAL.—The Secretary shall establish 
and maintain the National Resource Center on Safe-
ty, Well-Being, Placement Stability, and Perma-
nency for LGBTQ Children and Youth Involved with 
Child Welfare Services that will promote well-being, 
safety, permanency, stability, and family placement 
for LGBTQ children and youth involved with child 
welfare services, through training, technical assist-
ance, actions, and guidance that— 
(A) increases LGBTQ cultural competency 
among the staff of covered entities, and foster, 
adoptive, and relative parents, guardians, and 
caregivers; 
(B) promotes the provision of child welfare 
services that address the specific needs of 
LGBTQ children and youth involved with child 
welfare services and their families; 
(C) promotes effective and responsible col-
lection and management of data on the sexual 
orientation and gender identity of children and 
youth in the child welfare system, with appro-
priate safeguards to protect the data; 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
(D) identifies and promotes promising 
practices and evidence-based models of engage-
ment and appropriate collective and individual 
services and interventions that can be linked to 
improved outcomes for LGBTQ children and 
youth in the child welfare system; 
(E) endorses best practices for human re-
source activities of covered entities, including in 
hiring, staff development, and implementing a 
system of accountability to carry out those best 
practices; and 
(F) initiates other actions that improve 
safety, well-being, placement stability, and per-
manency outcomes for LGBTQ children and 
youth involved with child welfare services at the 
State and local level. 
(2) ACTIVITIES.—The Secretary shall carry out 
the collection and analysis of data and the dissemi-
nation of research to carry out this subsection. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to establish 
and maintain the National Resource Center on Safe-
ty, Well-Being, Placement Stability, and Perma-
nency for LGBTQ Children and Youth Involved with 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
Child Welfare Services and carry out the activities 
described in this subsection. 
(h) DEADLINE FOR COMPLIANCE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a covered entity shall comply with this 
section not later than 6 months after publication of 
the guidance referred to in subsection (c), or 1 year 
after the date of the enactment of this Act, which-
ever occurs first. 
(2) AUTHORITY TO EXTEND DEADLINE.—If a 
State demonstrates to the satisfaction of the Sec-
retary that it is necessary to amend State law in 
order to change a particular practice that is incon-
sistent with this Act, the Secretary may extend the 
compliance date for the State and any covered enti-
ties in the State a reasonable number of days after 
the close of the first State legislative session begin-
ning after the date the guidance referred to in sub-
section (c) is published. 
(3) AUTHORITY TO WITHHOLD FUNDS.—If the 
Secretary finds that a covered entity has failed to 
comply with this Act, the Secretary may withhold 
payment to the State of amounts otherwise payable 
to the State under part B or E of title IV of the 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS
Social Security Act, to the extent determined by the 
Secretary. 
(i) GAO STUDY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Comptroller 
General of the United States shall conduct a study 
to determine whether the States have substantially 
complied with this Act, including specifically whether 
the States have— 
(A) eliminated all policies, practices, or 
laws that permit a covered entity to violate sub-
section (a); 
(B) provided necessary training and tech-
nical support to covered entities to ensure all 
services to children and youth involved with 
child welfare services are carried out in a non- 
discriminatory, affirming, safe, and culturally 
competent manner; 
(C) collected data necessary to accom-
plishing the purposes of this Act, and ensured 
that the data is appropriately safeguarded, in-
cluding data related to— 
(i) the sexual orientation and gender 
identity of children and youth involved 
with child welfare services; 
VerDate Sep 11 2014 
21:32 Jul 26, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3488.IH
H3488
pbinns on DSKJLVW7X2PROD with BILLS