117 HR 8335 IH: Equality for Families with Disabilities Act
U.S. House of Representatives
2022-07-12
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I
117th CONGRESS
2d Session
H. R. 8335
IN THE HOUSE OF REPRESENTATIVES
July 12, 2022
Mr. Langevin (for himself, Ms. Bass, Mr. Bacon, Mr. Fitzpatrick, and Mrs. Lawrence) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To protect individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents from discrimination in the child welfare system.
1.

Short title
This Act may be cited as the “Equality for Families with Disabilities Act”.
2.

Finding
The Congress finds that title II of the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973 protect qualified individuals with disabilities, which can include children, parents, legal guardians, relatives, other caregivers, foster and adoptive parents, and individuals seeking to become foster or adoptive parents, from discrimination by child welfare agencies and courts.
3.

State plan requirements for protecting individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents
(a)

In general
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended—
(1)
by striking “and” at the end of paragraph (18);
(2)
by striking the period at the end of paragraph (19) and inserting a semicolon; and
(3)
by adding at the end the following:
“(20)
explain the procedural safeguards and supportive parenting services provided to individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents, from the time of earliest interaction with a family through any ongoing judicial or administrative proceeding, including a description of how each such individual receives—
(A)
a fact-specific, individualized parenting assessment that does not rely on generalizations but evaluates the strengths, needs, and capabilities of the ndividual with a disability, based on objective evidence, personal circumstances, and demonstrated competencies; and
(B)
parenting education that is peer-reviewed or a best practice for use; and
(21)
demonstrate meaningful efforts to provide supportive services and accommodations, directly or by referral, to ensure full and equal opportunities for participation by individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents, including by making available training on the rights of individuals with disabilities who are involved with child welfare proceedings and how to ensure full and equal participation of the individuals in the proceedings, and, in the case of child welfare professionals or court personnel, how to conduct parenting assessments and provide parenting education to various populations of individuals with disabilities to ensure that any restrictions on parental rights are not imposed solely on the basis of disability.”.
(b)

Effective date
(1)

In general
The amendments made by subsection (a) shall take effect 1 year after the materials required by section 5 of this Act are disseminated, and shall apply to payments under subpart 1 of part B of title IV of the Social Security Act for calendar quarters beginning on or after such date.
(2)

Delay permitted if State legislation required
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins 1 year after the materials required by section 5 of this Act are disseminated. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
4.

Amendments to the State court improvement program
(a)

In general
Section 438 of the Social Security Act (42 U.S.C. 629h) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by adding at the end the following:
“(F)
that determine child placements in any case involving an individual with a disability who is a parent, legal guardian, relative, other caregiver, foster or adoptive parent, or an individual seeking to become an adoptive or foster parent;”; and
(B)
in paragraph (2)—
(i)
by striking “and” at the end of subparagraph (B);
(ii)
in subparagraph (C), by striking the period and inserting “and”; and
(iii)
by adding at the end the following:
“(D)
to ensure full and equal opportunities for individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents, consistent with title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973;”; and
(2)
in subsection (b)—
(A)
by striking “and” at the end of paragraph (2);
(B)
in subparagraph (C)—
(i)
by striking “(C) in the case of a grant for any purpose described in subsection (a),” and inserting “(3)”; and
(ii)
by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(4)
a demonstration of meaningful efforts by the highest court in the State to ensure that each court in the State affords full and equal opportunities for participation by individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents, including by working with the State agency administering, or supervising the administration of, a plan under this part or part E, and, as applicable, Indian tribes or tribal organizations, to make available training on the rights of individuals with disabilities who are involved with child welfare proceedings and how to ensure full and equal participation of the individuals in the proceedings, and, in the case of child welfare professionals or court personnel, how to conduct parenting assessments and provide parenting education to various populations of individuals with disabilities.”.
(b)

Effective date
The amendments made by subsection (a) shall take effect on the 1st day of the 1st Federal fiscal year that begins after the date of the enactment of this Act.
5.

Education and training
Subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620–628b) is amended by adding at the end the following:
“429A.

Education and training
(a)

In general
The Secretary and the Attorney General, in consultation with the entities referred to in subsection (b), shall—
(1)
directly or by contract, jointly revise the technical assistance provided in August 2015 for State and local child welfare agencies and courts on protecting the rights of parents and prospective parents with disabilities, to—
(A)
include recommended minimum guidelines for ensuring compliance with protections offered under Federal law, which shall reflect evidence-based or best practices in the field;
(B)
address the amendments made by the Equality for Families with Disabilities Act;
(C)
describe the requirements imposed by or under the amendments and the mechanisms by which the requirements will be enforced; and
(D)
include education and training materials that include, at minimum, guidelines for—
(i)
conducting individualized parenting assessments of persons with disabilities that—
(I)
are, where possible, peer-reviewed or a best practice, and always fact-specific; and
(II)
evaluate the strengths, needs, and capabilities of a particular person with disabilities based on objective evidence, personal circumstances, demonstrated competencies, and other factors that are divorced from generalizations and stereotypes regarding people with disabilities;
(ii)
providing full and equal opportunities to benefit from or participate in child welfare programs, services, and activities that are equal to those extended to individuals without disabilities, including the use of disability-specific, peer-reviewed, or best practice parenting training tools and reasonable modifications in policies, practices, and procedures when necessary to avoid discrimination; and
(iii)
reunifying families in cases involving individuals with disabilities;
(2)
ensure that the revised technical assistance is addressed to States, Indian tribes, and courts; and
(3)
within 1 year after the date of the enactment of this section, disseminate the revised technical assistance to States, tribes, and courts.
(b)

Consultation entities
The entities referred to in this subsection shall include:
(1)
Federal entities, such as—
(A)
the Assistant Secretary for the Administration for Children and Families of the Department of Health and Human Services;
(B)
the Administrator of the Administration for Community Living of the Department of Health and Human Services;
(C)
the Assistant Attorney General for the Civil Rights Division of the Department of Justice;
(D)
the Chairperson of the National Council on Disability; and
(E)
the Commissioner of Administration for Native Americans;
(2)
State, local, and tribal entities, such as—
(A)
State, local, and tribal child welfare agencies;
(B)
Protection and Advocacy Systems;
(C)
a representative of the State Councils on Developmental Disabilities;
(D)
a representative of the Conference of Chief Justices; and
(E)
a representative of the Conference of State Court Administrators;
(3)
disability and child welfare community entities, such as—
(A)
individuals representing the disability community and reflecting the diverse characteristics of the members of that community, including individuals with disabilities who have been discriminated against in the child welfare system; and
(B)
child welfare professionals; and
(4)
representatives of such other agencies or entities as the Secretary may designate.”.
6.

Report to Congress
Within 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on the implementation of this Act. The report shall include the following:
(1)
A description and analysis of amended State plans for child welfare services that have been submitted as a result of this Act, including the effect of the amendments on the treatment of and opportunities for participation afforded to individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents.
(2)
A description of procedures put in place by State agencies administering or supervising the administration of a plan developed or approved under part B or E of title IV of the Social Security Act to ensure that each individual with a disability who is a parent, legal guardian, relative, other caregiver, foster or adoptive parent, or individual seeking to become a foster or adoptive parent receives a fact-specific, individualized parenting assessment and parenting education.
(3)
A description and analysis of efforts made by the highest court of each State to afford full and equal opportunities for participation by individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents who are involved in child welfare proceedings.
(4)
An analysis of the outcomes for individuals with disabilities who are parents, legal guardians, relatives, other caregivers, foster or adoptive parents, or individuals seeking to become foster or adoptive parents when involved in child welfare proceedings before or after the enactment of this Act, including the rate at which the parental rights of the individuals are terminated.
(5)
An analysis of the specific revisions made to the 2015 technical assistance referred to in section 5(a)(1) of this Act in accordance with the requirements of section 5 of this Act, and a list of all consultation entities that were consulted in the revision process.
(6)
An analysis of how State agencies administering or supervising the administration of a plan developed or approved under part B or E of title IV of the Social Security Act, as applicable, Indian tribes or tribal organizations, and the highest court of each State have used the technical assistance revised as required by section 5 of this Act.