S. 1658 — SAFE Home Act

This section establishes a new state plan requirement under the foster care and adoption assistance program (part E of title IV of the Social Security Act)—for which states must have an approved plan to receive federal payments—prohibiting any federally assisted entity involved in adoption or foster care placements from delaying, denying, or discriminating against a prospective or actual adoptive or foster parent for any of the following reasons: (1) the parent raises, cares for, and addresses a child in a manner consistent with the child's sex; (2) the parent declines to consent to medical, surgical, pharmacological, psychological, or other treatments or services to alter the child's appearance or validate a perception of the child's sex inconsistent with the child's sex; or (3) the parent declines to consent to amendments or alterations to the child's birth certificate, passport, driver's license, school records, or other government-issued identification inconsistent with the child's sex. For these purposes, the provision defines "sex" as biological sex (male or female), "female" as an individual with, had, will have, or would have but for a developmental/genetic anomaly or historical accident a reproductive system that produces, transports, and utilizes eggs for fertilization, and "male" as an individual with, had, will have, or would have but for a developmental/genetic anomaly or historical accident a reproductive system that produces, transports, and utilizes sperm for fertilization. The amendment takes effect on the first day of the first fiscal quarter beginning on or after enactment and applies to payments for calendar quarters beginning on or after that date, with a delay permitted until the first day of the first calendar quarter after a state's first regular legislative session post-enactment if state legislation (other than appropriations) is required for compliance.