The bill, introduced by a group of senators led by Senator Gillibrand, acknowledges several challenges faced by the foster care system. Key among these is the discrimination children and prospective foster parents face based on religion, gender, sexual orientation, gender identity, and marital status. The legislation’s primary aim is to ensure every child or youth unable to live with their family of origin receives a supportive, affirming placement, free from discrimination.
Statistics paint a dismal picture of the current state of affairs. At the close of fiscal year 2022, around 368,000 children and youth were in the U.S. foster care system, and 108,000 of these were waiting to be adopted. Alarmingly, around 18,000 youths aged out of the system without finding permanent homes, which greatly heightens their risk of facing poverty, homelessness, or incarceration.
A particularly concerning aspect the bill seeks to tackle is the disproportionate representation of LGBTQ youth in the foster care system. Comprising at least 30% of children and youth in foster care, LGBTQ individuals face higher rates of abuse and conflict leading to their entry into the system. Once inside, they are subject to more abuse, discrimination, and poorer mental health outcomes compared to their non-LGBTQ peers.
One of the bill’s groundbreaking provisions is the outright prohibition of “conversion therapy,” a controversial practice aimed at changing a person’s sexual orientation or gender identity. This therapy has been widely discredited and is already illegal in many states and countries, but its harmful effects are especially severe for LGBTQ youth in foster care. The legislation points to studies indicating that LGBTQ youth subjected to conversion therapy face increased risks of suicide, substance abuse, and poor mental health outcomes.
In addition to protecting youth from discriminatory practices, the bill opens the doors wider for potential foster and adoptive parents from diverse backgrounds. Data shows that same-sex couples are significantly more likely—seven times more likely, in fact—to foster and adopt children compared to their heterosexual counterparts. There’s also evidence that outcomes for children adopted by same-sex couples match, if not exceed, those for children adopted by different-sex parents, dispelling myths about the suitability of LGBTQ adults as parents.
The proposed law extends its protective measures to include single unmarried individuals. Notably, 29% of adoptions from foster care in 2022 were completed by single individuals. Studies cited in the bill indicate that children raised by single parents fare just as well, if not better, than those raised by two parents. In this light, single prospective parents are given recognition and equal opportunity to provide loving homes for children in need.
Moving beyond just prohibitive measures, the legislation directs the Secretary of Health and Human Services to issue guidance within six months of the law’s enactment to ensure compliance. It mandates the provision of technical assistance to states and agencies to align their practices with the new law. This includes identifying and rectifying existing policies that are discriminatory, expanding recruitment efforts for diverse foster and adoptive parents, and training all parties involved in the foster care system, from caseworkers to judges, on the legal and practical implications of the bill.
The bill also establishes the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved With Child Welfare Services. This body will focus on improving outcomes for LGBTQ youth through training, technical assistance, research, data collection, and the promotion of best practices. Furthermore, the law authorizes the necessary appropriation of funds to maintain this resource center.
States will have to comply with the act within six months after the Secretary publishes the necessary guidance or within one year of the bill’s enactment, whichever comes first. Non-compliance could result in withheld federal funds directed to those states for child welfare services.
Finally, the bill mandates a study by the Government Accountability Office (GAO) three years post-enactment to assess how well states are complying with the new requirements. The results will be submitted to relevant committees in Congress, ensuring a continuous oversight loop that aims to safeguard the bill’s core purpose: to provide stable, loving, and affirming homes for every child in need.
In summary, the “John Lewis Every Child Deserves a Family Act” intends to reshape the foster care landscape by outlawing discrimination, expanding the pool of prospective parents, and ensuring that all child welfare services are executed in an inclusive, supportive, and affirming manner. By addressing the unique struggles that LGBTQ youth face within the system and inviting a broader spectrum of potential parents, the legislation holds the promise of transforming foster care into a more dignified, equitable, and effective institution.
