S. 3279 — John Lewis Every Child Deserves a Family Act

This section states congressional findings concerning the need for more family-like foster care placements for approximately 400,000 children and youth nationwide; overrepresentation of LGBTQ youth (at least 30%) in foster care and their elevated risks of abuse, placements in group homes, homelessness (28%), and suicide attempts (35%, or 45% for transgender and nonbinary youth); harms of conversion therapy, to which an estimated 350,000 LGBTQ adults and 16,000 youth ages 13-17 have been subjected; effects of discrimination against prospective parents based on religion, sex (including sexual orientation and gender identity), or marital status; overrepresentation of youth of color; opposition by professional organizations to such discrimination; the role of religious organizations; and the higher fostering and adoption rates of same-sex couples (7 times more likely than different-sex couples).

This section prohibits covered entities from discriminating in the administration or provision of child welfare programs and services—including foster care, adoption, and related supports—on the grounds of religion, sex (including sexual orientation and gender identity), or marital status of any child, youth, family, or individual; establishes a private right of action in federal district court with awards of injunctive relief, attorneys' fees, and other appropriate remedies; and sets a compliance deadline for covered entities. The section further directs the Secretary of Health and Human Services (HHS), within six months of enactment, to issue compliance guidance and provide technical assistance to covered entities, including (1) identifying and aiding revision of inconsistent state laws and casework practices, (2) guiding expanded recruitment of prospective foster and adoptive parents regardless of religion, sex (including sexual orientation and gender identity), or marital status, (3) developing cultural competency training for entities and prospective parents, and (4) training judges and attorneys in relevant cases. In addition, the section requires covered entities to deliver child welfare services and staff training that comprehensively address individual needs and are language-, gender-, and culturally appropriate, respecting social identities (i.e., race, ethnicity, religion, sex including gender identity and sexual orientation, socioeconomic status, ability, and more); directs HHS to collect data via the Adoption and Foster Care Analysis and Reporting System (AFCARS) on the sexual orientation and gender identity of children, youth, foster and adoptive parents, and whether such factors contributed to removals; and 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 competency training, data practices, promising models, and improved outcomes, with such sums as necessary authorized to be appropriated.