Federally funded child welfare providers would face rules against discrimination

Child welfare providers receiving specified federal aid would have to serve people without discrimination. The rules would cover organizations that provide or administer child welfare services and receive the federal aid listed in the proposal. Protection would cover religion, sex, and marital status, including sexual orientation and gender identity. Providers would have to comply within six months after federal guidance or one year after enactment, whichever comes first. States needing law changes could receive extensions until a reasonable time after their first legislative session beginning after that guidance.

People harmed by violations could sue in federal court. Enforcement would reach child welfare organizations receiving the specified federal aid. Courts would award people who win appropriate relief and attorney fees. Federal officials could withhold some state child welfare payments if a covered provider failed to comply. The federal Religious Freedom Restoration Act could not support a claim or defense against the proposal or its enforcement.

Covered providers would have to tailor services to people's needs and train staff. The standards would cover child welfare organizations receiving specified federal aid. They would serve families, adults, and children or youth aged 23 or younger participating in the listed federally supported programs. Services and training would have to respect people's language, gender, culture, and personal backgrounds.

Federal health officials would establish and maintain a national resource center. The center would support LGBTQ people aged 23 or younger in the listed federally supported child welfare programs. The proposal would authorize Congress to fund the center but would not itself set aside money.

Federal health officials would collect information through the federal adoption and foster care reporting system. Reporting would cover sexual orientation and gender identity among foster and adoptive parents and participants aged 23 or younger in the listed federally supported child welfare programs. Officials would have to use collection practices suited to children's ages and development.