Equality for Families with Disabilities Act
Bill: H.R.8335 | Sponsor: Rep. Langevin, James R. (D-RI)
Policy area: Families

Summary:
Equality for Families with Disabilities Act
This bill requires state child welfare systems, as a condition of participation in certain federal grant programs, to provide supportive family services and procedural safeguards for individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or seeking to become foster or adoptive parents.

To protect individuals with disabilities who are parents, legal 
guardians, relatives, other caregivers, foster or adoptive parents, or 
     individuals seeking to become foster or adoptive parents from 
              discrimination in the child welfare system.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. FINDING.

    The Congress finds that title II of the Americans with Disabilities 
Act of 1990 and section 504 of the Rehabilitation 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 adoptive 
parents, from discrimination by child welfare agencies and courts.

SEC. 3. STATE PLAN REQUIREMENTS FOR PROTECTING INDIVIDUALS WITH 
              DISABILITIES WHO ARE PARENTS, LEGAL GUARDIANS, RELATIVES, 
              OTHER CAREGIVERS, FOSTER OR ADOPTIVE PARENTS, OR 
              INDIVIDUALS SEEKING TO BECOME FOSTER OR ADOPTIVE PARENTS.

    (a) In General.--Section 422(b) of the Social Security 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 paragraph (19) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(20) explain the procedural safeguards and supportive 
        parenting services provided to individuals with disabilities 
        who are parents, legal guardians, relatives, other caregivers, 
        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 parenting 
                assessment that does not rely on generalizations but 
                evaluates the strengths, needs, and capabilities of the 
                ndividual with a disability, based on objective 
                evidence, personal circumstances, and demonstrated 
                competencies; and
                    ``(B) parenting education that is peer-reviewed or 
                a best practice for use; and
            ``(21) demonstrate meaningful efforts to provide supportive 
        services and accommodations, directly or by referral, to ensure 
        full and equal opportunities 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, including by 
        making available training on the rights of individuals with 
        disabilities who are involved with child welfare proceedings 
        and how to ensure full and equal participation of the 
        individuals in the proceedings, and, in the case of child 
        welfare professionals or court personnel, how to conduct 
        parenting 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 materials required by 
        section 5 of this Act are disseminated, 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 
        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 additional requirements before the 1st day of 
        the 1st calendar quarter beginning after the first regular 
        session 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 sentence, 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 IMPROVEMENT 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 disability who is a 
                parent, legal guardian, relative, other caregiver, 
                foster or adoptive parent, or an individual seeking to 
                become an adoptive or foster parent;''; and
                    (B) in paragraph (2)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (B);
                            (ii) in subparagraph (C), by striking the 
                        period and inserting ``and''; and
                            (iii) by adding at the end the following:
                    ``(D) to ensure full and equal opportunities for 
                individuals with disabilities who are parents, legal 
                guardians, relatives, other caregivers, foster or 
                adoptive parents, or individuals seeking to become 
                foster or adoptive parents, consistent with title II of 
                the Americans with Disabilities Act and section 504 of 
                the Rehabilitation Act of 1973;''; and
            (2) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) in subparagraph (C)--
                            (i) by striking ``(C) in the case of a 
                        grant for any purpose described in subsection 
                        (a),'' and inserting ``(3)''; and
                            (ii) by striking the period and inserting 
                        ``; and''; and
                    (C) by adding at the end the following:
            ``(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 opportunities 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, 
        including 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 involved with child 
        welfare proceedings and how to ensure full and equal 
        participation of the individuals in the proceedings, and, in 
        the case of child welfare professionals or court personnel, how 
        to conduct parenting assessments and provide parenting 
        education to various populations of individuals with 
        disabilities.''.
    (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 enactment of this Act.

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 parents with disabilities, to--
                    ``(A) include recommended minimum guidelines for 
                ensuring compliance with protections offered under 
                Federal law, which shall reflect 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 materials that 
                include, at minimum, guidelines for--
                            ``(i) conducting individualized parenting 
                        assessments of persons with disabilities that--
                                    ``(I) are, where possible, peer-
                                reviewed or a best practice, and always 
                                fact-specific; and
                                    ``(II) evaluate the strengths, 
                                needs, and capabilities of a particular 
                                person with disabilities based on 
                                objective evidence, personal 
                                circumstances, demonstrated 
                                competencies, and other factors that 
                                are divorced from generalizations and 
                                stereotypes regarding people with 
                                disabilities;
                            ``(ii) providing full and equal 
                        opportunities to benefit from or participate in 
                        child welfare programs, services, and 
                        activities 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
                            ``(iii) reunifying families in cases 
                        involving 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 enactment of this 
        section, disseminate the revised technical assistance to 
        States, tribes, and courts.
    ``(b) Consultation Entities.--The entities referred to in this 
subsection shall include:
            ``(1) Federal entities, such as--
                    ``(A) the Assistant Secretary for the 
                Administration for Children and Families of the 
                Department of Health and Human Services;
                    ``(B) the Administrator of the Administration 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--
                    ``(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 entities, such 
        as--
                    ``(A) individuals representing the disability 
                community and reflecting the diverse characteristics of 
                the members of that community, including individuals 
                with disabilities who have been discriminated against 
                in the child welfare system; and
                    ``(B) child welfare professionals; and
            ``(4) representatives of such other agencies or entities as 
        the Secretary may designate.''.

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 opportunities for participation afforded to 
        individuals with disabilities who are parents, legal guardians, 
        relatives, 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 administration 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.
            (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 parents, 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 parents, or individuals seeking 
        to become foster or adoptive parents when involved in child 
        welfare proceedings 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 requirements of section 5 of this Act, 
        and a list of all consultation entities that were consulted in 
        the revision process.
            (6) An analysis of how State agencies administering or 
        supervising the administration of a plan developed or approved 
        under part B or E of title IV of the Social Security Act, as 
        applicable, Indian tribes or tribal organizations, and the 
        highest court of each State have used the technical assistance 
        revised as required by section 5 of this Act.
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