To prohibit an agency, or entity, that receives Federal assistance and is involved in adoption or foster care programs from delaying or denying the placement of a child based on the race, color, or national origin of the child or adoptive or foster parent or parents involved, and for other purposes.
March 3 (legislative day, FEBRUARY 22), 1994
Reported with an amendment
S 1224 RS
Calendar No. 377
103d CONGRESS
2d Session
S. 1224
To prohibit an agency, or entity, that receives Federal assistance and is involved in adoption or foster care programs from delaying or denying the placement of a child based on the race, color, or national origin of the child or adoptive or foster parent or parents involved, and for other purposes.
IN THE SENATE OF THE UNITED STATES
July 14 (legislative day, JUNE 30), 1993
Mr. METZENBAUM (for himself, Ms. MOSELEY-BRAUN, Mr. COATS, Mr. SIMON, Mr. INOUYE, and Mrs. KASSEBAUM) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources
March 3 (legislative day, FEBRUARY 22), 1994
Reported by Mr. KENNEDY, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To prohibit an agency, or entity, that receives Federal assistance and is involved in adoption or foster care programs from delaying or denying the placement of a child based on the race, color, or national origin of the child or adoptive or foster parent or parents involved, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]
[Struck out->] This Act may be cited as the `Multiethnic Placement Act of 1993'. [<-Struck out]
[Struck out->] SEC. 2. FINDINGS AND PURPOSE. [<-Struck out]
[Struck out->] (a) FINDINGS- Congress finds that-- [<-Struck out]
[Struck out->] (1) nearly 500,000 children are in foster care in the United States; [<-Struck out]
[Struck out->] (2) tens of thousands of children in foster care are waiting for adoption; and [<-Struck out]
[Struck out->] (3) two years and 8 months is the median length of time for children waiting to be adopted. [<-Struck out]
[Struck out->] (b) PURPOSE- It is the purpose of this Act to decrease the length of time for children waiting to be adopted and to prevent discrimination in the placement of children on the basis of race, color or national origin. [<-Struck out]
[Struck out->] SEC. 3. MULTIETHNIC PLACEMENTS. [<-Struck out]
[Struck out->] (a) ACTIVITIES- [<-Struck out]
[Struck out->] (1) PROHIBITION- An agency, or entity, that receives Federal assistance and is involved in adoption or foster care placements may not delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely because of the race, color, or national origin of the adoptive (or foster) parent or parents or the child. [<-Struck out]
[Struck out->] (2) PERMISSIBLE CONSIDERATION- An agency or entity to which paragraph (1) applies may consider the race, color, or national origin of a child in arriving at a placement decision if such factors are relevant to the best interests of the child involved and are considered in conjunction with other factors. [<-Struck out]
[Struck out->] (3) DEFINITION- As used in this subsection, the term `placement decision' means the decision to place, or to delay or deny the placement of a child in a foster care or adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. [<-Struck out]
[Struck out->] (b) LIMITATION- The Secretary of Health and Human Services shall not provide adoption assistance funds under section 474(a)(3) of the Social Security Act to an agency or entity that is not in compliance with subsection (a). [<-Struck out]
[Struck out->] (c) EQUITABLE RELIEF- Any individual aggrieved by an agency or entity in violation of subsection (a) shall have the right to bring an action seeking relief in a United States District Court of appropriate jurisdiction. [<-Struck out]
[Struck out->] (d) CONSTRUCTION- Nothing in this section shall be construed to affect an adoption or foster care placement made pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.). [<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Multiethnic Placement Act of 1993'.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- Congress finds that--
(1) nearly 500,000 children are in foster care in the United States;
(2) tens of thousands of children in foster care are waiting for adoption;
(3) 2 years and 8 months is the median length of time that children wait to be adopted;
(4) child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and
(5) active, creative, and diligent efforts are needed to recruit parents, from every race and culture, for children needing foster care or adoptive parents.
(b) PURPOSE- It is the purpose of this Act to decrease the length of time that children wait to be adopted and to prevent discrimination in the placement of children on the basis of race, color, or national origin.
SEC. 3. MULTIETHNIC PLACEMENTS.
(a) ACTIVITIES-
(1) PROHIBITION- An agency, or entity, that receives Federal assistance and is involved in adoption or foster care placements may not--
(A) categorically deny to any person the opportunity to become an adoptive or a foster parent, solely on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved; or
(B) unduly delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved.
(2) PERMISSIBLE CONSIDERATION- An agency or entity to which paragraph (1) applies may consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the best interests of the child involved and is considered in conjunction with other factors.
(3) DEFINITION- As used in this subsection, the term `placement decision' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement.
(b) LIMITATION- The Secretary of Health and Human Services shall not provide placement and administrative funds under section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3)) to an agency or entity described in subsection (a) that is not in compliance with subsection (a).
(c) EQUITABLE RELIEF- Any individual who is aggrieved by an action in violation of subsection (a), taken by an agency or entity described in subsection (a), shall have the right to bring an action seeking relief in a United States district court of appropriate jurisdiction.
(d) CONSTRUCTION- Nothing in this section shall be construed to affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).
