H.R. 6181

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6181 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6181

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 or questioning foster youth, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 20, 2025

Mr. Davis of Illinois (for himself, Ms. Craig, Ms. Moore of Wisconsin, 
Ms. Chu, Mr. Amo, Mrs. Beatty, Mr. Bell, Mr. Beyer, Mr. Bishop, Ms. 
Bonamici, Mr. Boyle of Pennsylvania, Ms. Brown, Ms. Brownley, Mr. 
Casten, Ms. Castor of Florida, Mr. Castro of Texas, Mr. Carson, Ms. 
Clarke of New York, Mr. Costa, Ms. Davids of Kansas, Ms. Dean of 
Pennsylvania, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Deluzio, Mr. 
Doggett, Mr. Evans of Pennsylvania, Mr. Garamendi, Mr. Garcia of 
Illinois, Ms. Garcia of Texas, Mr. Goldman of New York, Mr. Gomez, Mr. 
Horsford, Ms. Houlahan, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Ms. 
Kaptur, Ms. Kelly of Illinois, Mr. Krishnamoorthi, Mr. Landsman, Mr. 
Larson of Connecticut, Ms. Lee of Pennsylvania, Mr. Lynch, Mrs. McIver, 
Ms. Norton, Mr. Panetta, Mr. Peters, Ms. Plaskett, Mr. Pocan, Mr. 
Quigley, Mrs. Ramirez, Mr. Raskin, Ms. Sanchez, Ms. Scanlon, Ms. 
Schakowsky, Mr. Schneider, Mr. David Scott of Georgia, Ms. Sewell, Mr. 
Sherman, Ms. Simon, Mr. Sorensen, Mr. Stanton, Mr. Suozzi, Mr. 
Swalwell, Mr. Takano, Mr. Thanedar, Mr. Thompson of Mississippi, Mr. 
Thompson of California, Ms. Tlaib, Ms. Tokuda, Ms. Underwood, Mr. 
Walkinshaw, Ms. Wilson of Florida, Ms. McCollum, Mr. Carbajal, Mr. 
Lieu, Mr. Garcia of California, and Mr. Gottheimer) 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 or questioning foster youth, and for other 
purposes.

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 ``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 requires, 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 stable, 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 close 
to 400,000 children and youth who are in foster care 
nationwide, as of the date of enactment of this Act.
(3) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) protects people from discrimination based on 
race, color, or national origin in programs, activities, and 
services administered or performed by child welfare agencies. 
Eliminating discrimination 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.
(4) Lesbian, gay, bisexual, transgender, and queer or 
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 
nonbinary youth compared to their cisgender LGBQ counterparts.
(A) While some LGBTQ youth enter foster care for 
similar reasons as non-LGBTQ youth, the 2 most common 
reasons for LGBTQ youth are high rates of physical 
abuse and conflict 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 discrimination, harassment, and violence 
in the child welfare 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, negatively affecting mental health 
outcomes and long-term prospects.
(D) Approximately 28 percent of homeless youth with 
histories of time in foster care identified as LGBTQ 
and were significantly more likely to experience 7 of 8 
adverse events, such as being physically harmed, or 
being stigmatized or discriminated against, compared to 
their peers with no foster care history.
(E) LGBTQ youth in foster care had nearly 3 times 
greater odds of reporting a past-year suicide attempt 
compared to LGBTQ youth who were never in foster care 
(35 percent for those youth in foster care as compared 
to 13 percent for those youth who were never in foster 
care). These numbers were even higher for LGBTQ foster 
youth of color (38 percent) and highest for transgender 
and nonbinary foster youth (45 percent).
(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 compared to those who were never 
in foster care (27 percent for those youth who had been 
in foster care as compared to 8 percent for those youth 
who had never been in foster care). These numbers were 
higher for LGBTQ foster youth of color (30 percent) and 
transgender and non-binary foster youth (40 percent).
(5) ``Conversion therapy'' is a form of discrimination that 
harms LGBTQ people. It undermines an individual's sense of 
self-worth, increases suicide ideation and substance abuse, 
exacerbates family conflict, and contributes to second-class 
status. No scientifically 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 therapy'' 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.
(6) Many youth, especially LGBTQ youth, involved 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 marginalized 
identities often experience more stress and trauma than other 
youth, compounding the negative effects of discrimination and 
increasing the likelihood of negative outcomes.
(7) 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 
discrimination exists may deter them from even attempting to 
foster or adopt.
(8) Professional organizations that serve children in the 
fields of medicine, psychology, law, and child welfare oppose 
discrimination against prospective parents in adoption and 
foster care.
(9) 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.
(10) 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 children 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 prospective 
foster and adoptive parents for non-merit related 
reasons denies religious minority, LGBTQ, and unmarried 
relatives the opportunity to become foster and adoptive 
parents for their own kin in care, including 
grandchildren.
(11) LGBTQ families of origin are at risk for 
discrimination in child welfare referrals, investigations, 
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 4 times more likely than their non-LGBTQ counterparts to 
lose custody of their children in child welfare proceedings. 
LGBTQ-positive services are necessary to shield families and 
protect parents' rights to reunification.
(12) Single people are more likely than couples to 
experience challenges in adopting due to biases that persist 
against single-parent adoption. During fiscal year 2022, 29 
percent of adoptions from foster care were completed by 
unmarried single people, including adoptions by some 2,000 
single men and more than 13,000 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 children 
adopted by couples.
(13) More nationwide data about the experiences 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, 
affirming, 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 religion, 
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 permanency 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 participation in, denied the benefits of, or be 
subjected to discrimination in the administration or provision of child 
welfare programs and services by a covered entity.
(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 district 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 determines 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 inconsistent 
with this Act, and providing guidance and training to ensure 
the State laws and regulations are brought into compliance with 
this Act by the applicable compliance deadline in effect under 
subsection (h);
(2) identifying casework practices and procedures 
inconsistent with this Act and providing guidance and training 
to ensure the practices and procedures are brought into 
compliance with this Act by the applicable compliance deadline;
(3) providing guidance in expansion of recruitment efforts 
to ensure consideration of all prospective adoptive and foster 
parents regardless of the religion, 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 provide service 
delivery to children and youth involved with child welfare 
services, families, and adults, and staff training, that--
(A) comprehensively addresses the individual 
strengths and needs of children and youth involved with 
child welfare services; and
(B) is language-appropriate, gender-appropriate, 
and culturally 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 spirituality), sex 
(including gender identity and sexual orientation), 
socioeconomic status, physical or cognitive ability, language, 
beliefs, values, behavior patterns, and customs.
(f) Data Collection.--Using developmentally appropriate best 
practices, the Secretary shall collect data through the Adoption and 
Foster Care Analysis and Reporting System on--
(1) the sexual orientation and gender identity of children 
and youth involved with child welfare services 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 Permanency for LGBTQ Children and Youth Involved With 
Child Welfare Services.--
(1) In general.--The Secretary shall establish and maintain 
the National Resource Center on Safety, Well-Being, Placement 
Stability, and Permanency for LGBTQ Children and Youth Involved 
with Child Welfare Services (referred to in this Act as the 
``National Resource Center'') that will promote well-being, 
safety, permanency, stability, and family placement for LGBTQ 
children and youth involved with child welfare services, 
through training, technical assistance, actions, and guidance 
that--
(A) increase LGBTQ cultural competency among the 
staff of covered entities, and foster, adoptive, and 
relative parents, guardians, and caregivers;
(B) promote 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) promote effective and responsible collection 
and management of data on the sexual orientation and 
gender identity of children and youth in the child 
welfare system, with appropriate safeguards to protect 
the data;
(D) identify and promote promising practices and 
evidence-based models of engagement 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) endorse best practices for human resource 
activities of covered entities, including in hiring, 
staff development, and implementing a system of 
accountability to carry out those best practices; and
(F) initiate other actions that improve safety, 
well-being, placement stability, and permanency 
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 dissemination of 
research to carry out this subsection.
(3) Authorization of appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be 
necessary to establish and maintain the National Resource 
Center and carry out the activities described in this 
subsection.
(h) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (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, whichever occurs first.
(2) Authority to extend deadline.--If a State demonstrates 
to the satisfaction of the Secretary that it is necessary to 
amend State law in order to change a particular practice that 
is inconsistent with this Act, the Secretary may extend the 
compliance date for the State and any covered entities in the 
State a reasonable number of days after the close of the first 
State legislative session beginning after the date the guidance 
referred to in subsection (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 Social Security Act (42 U.S.C. 621 et seq.; 42 U.S.C. 670 
et seq.), 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 subsection (a);
(B) provided necessary training and technical 
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 accomplishing the 
purposes of this Act, and ensured that the data is 
appropriately safeguarded, including data related to--
(i) the sexual orientation and gender 
identity of children and youth involved with 
child welfare services;
(ii) the permanency and placement outcomes 
and rates for those children and youth, as 
compared to their non-LGBTQ peers;
(iii) the rates at which those children and 
youth are placed in family homes as compared to 
congregate or group homes; and
(iv) the sexual orientation, gender 
identity, and marital status of foster and 
adoptive parents, as well as the placement 
rates and wait periods for those foster and 
adoptive parents; and
(D) ensured that covered entities--
(i) are in compliance with this Act; and
(ii) have implemented procedures for 
children and youth involved with child welfare 
services, or individuals or families 
participating in, or seeking to participate in, 
child welfare services, to report violations of 
this Act.
(2) Report to the congress.--Not later than 6 months after 
completing the study required by paragraph (1), the Comptroller 
General 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 that contains the results of the study.
(j) Relation to Other Laws.--
(1) Rule of construction.--Nothing in this Act shall be 
construed to invalidate or limit rights, remedies, or legal 
standards under title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000d et seq.).
(2) Certain claims.--The Religious Freedom Restoration Act 
of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim 
concerning, or a defense to a claim under, this Act, or provide 
a basis for challenging the application or enforcement of this 
Act.
(k) Definitions.--In this section:
(1) Child or youth involved with child welfare services.--
The term ``child or youth involved with child welfare 
services'' means an individual, aged 23 or younger, who 
participates in child welfare programs or services that receive 
Federal financial assistance under part A, B, or E of title IV 
of the Social Security Act (42 U.S.C. 601 et seq.; 42 U.S.C. 
621 et seq.; 42 U.S.C. 670 et seq.), title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.), or title XX of the 
Social Security Act (42 U.S.C. 1397 et seq.).
(2) Conversion therapy.--
(A) In general.--The term ``conversion therapy'' 
means a form of discrimination that includes any 
practice or treatment which seeks to change the sexual 
orientation or gender identity of an individual, 
including efforts to change behaviors or gender 
expressions or to eliminate or reduce sexual or 
romantic attractions or feelings toward individuals of 
the same gender.
(B) Exclusions.--The term ``conversion therapy'' 
does not include counseling that provides assistance to 
an individual undergoing gender transition, or 
counseling that provides acceptance, support, and 
understanding of an individual or facilitates an 
individual with coping, social support, and identity 
exploration and development, including sexual 
orientation-neutral interventions to prevent or address 
unlawful conduct or unsafe sexual practices.
(3) Covered entity.--The term ``covered entity'' means an 
entity that--
(A) receives Federal financial assistance under 
part A, B, or E of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.; 42 U.S.C. 621 et seq.; 42 
U.S.C. 670 et seq.), title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.), or title XX of the Social 
Security Act (42 U.S.C. 1397 et seq.); and
(B) is involved in the administration or provision 
of child welfare programs or services.
(4) Gender identity.--The term ``gender identity'' means 
the gender-related identity, appearance, mannerisms, or other 
gender-related characteristics of an individual, regardless of 
the designated sex of the individual at birth.
(5) Religion; sex (including sexual orientation and gender 
identity), or marital status.--The term ``religion, sex 
(including sexual orientation and gender identity), or marital 
status'', used with respect to an individual, includes--
(A) the religion, sex (including sexual orientation 
and gender identity), or marital status, respectively, 
of another person with whom the individual is or has 
been associated; and
(B) a perception or belief, even if inaccurate, 
concerning the religion, sex (including sexual 
orientation and gender identity), or marital status, 
respectively, of the individual.
(6) Secretary.--The term ``Secretary'' means the Secretary 
of Health and Human Services.
(7) Sex.--The term ``sex'' includes--
(A) a sex stereotype;
(B) pregnancy, childbirth, or a related medical 
condition;
(C) sexual orientation or gender identity; and
(D) sex characteristics, including intersex traits.
(8) Sexual orientation.--The term ``sexual orientation'' 
means homosexuality, heterosexuality, or bisexuality.
(9) State.--The term ``State'' means each of the 50 States 
of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana Islands, and 
American Samoa.
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