H.R. 6181 — John Lewis Every Child Deserves a Family Act

This section states congressional findings concerning (1) the entitlement of foster children to family-like placements and the need for more homes for the approximately 400,000 children and youth in foster care; (2) the overrepresentation of LGBTQ youth in foster care (at least 30%), their higher risks of abuse, placements in group homes, homelessness, and suicide attempts; (3) the harms of conversion therapy and discrimination against prospective parents based on religion, sex (including sexual orientation and gender identity), or marital status; and (4) the role of religious organizations and the greater willingness of same-sex couples to foster or adopt.

This section prohibits covered entities from excluding or discriminating against any child, youth, family, or individual in child welfare programs and services on the basis of religion, sex (including sexual orientation and gender identity), or marital status; establishes a private right of action in federal court for aggrieved individuals, with awards including injunctive relief, attorneys' fees, and other appropriate remedies; and directs the Secretary of Health and Human Services (HHS) to issue compliance guidance within six months of enactment. The section further requires HHS to provide technical assistance to covered entities, including on reconciling inconsistent state laws and practices, expanding recruitment of prospective foster and adoptive parents, and delivering cultural competency training for staff, parents, judges, and attorneys; mandates that covered entities provide child welfare services and staff training that are comprehensive, language-appropriate, gender-appropriate, and sensitive to social identities (i.e., race, ethnicity, religion, sex including gender identity and sexual orientation, socioeconomic status, ability, and customs); and requires data collection through the Adoption and Foster Care Analysis and Reporting System (AFCARS) on the sexual orientation and gender identity of children, youth, and foster/adoptive parents, as well as whether such factors contributed to family removals. Additionally, this section establishes a National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services to promote cultural competency, data practices, promising interventions, and improved outcomes through training and technical assistance; authorizes appropriations of such sums as necessary for the center; and sets a compliance deadline for covered entities.