TITLE VI MULTIETHNIC PLACEMENT ACT of 1994
Part E Multiethnic Placement
Subpart 1 Multiethnic Placement
SEC. 551. SHORT TITLE.
This subpart may be cited as the "Multiethnic Placement Act of 1994".
SEC. 552. FINDINGS AND PURPOSE.
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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 foster and adoptive parents of every race, ethnicity, and culture in order to facilitate the placement of children in foster and adoptive homes which will best meet each child's needs.
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Purpose. It is the purpose of this subpart to promote the best interests of children by (1) decreasing the length of time that children wait to be adopted; (2) preventing discrimination in the placement of children on the basis of race, color, or national origin; and (3) facilitating the identification and recruitment of foster and adoptive families that can meet children's needs.
SEC. 553. MULTIETHNIC PLACEMENTS.
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Activities.
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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) 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.
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Permissible consideration. An agency or entity to which paragraph (1) applies may consider the cultural, ethnic, or racial background of a child and the capacity of the prospective foster or adoptive parents to meet the needs of a child of such background as one of a number of factors used to determine the best interests of a child.
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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.
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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.
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Federal Guidance. Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned public and private agencies and entities with respect to compliance with this subtitle.
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Deadline for Compliance
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In General Except as provided in paragraph (2), an agency or entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this subtitle not later than six months after publication of the guidance referred to in subsection (c), or one year after the date of enactment of this Act, whichever occurs first.
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Authority to Extend DeadlineIf a State demonstrates to the satisfaction of the Secretary that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this subpart, the Secretary may extend the compliance date for the State a reasonable number of days after the close of the first State legislative session beginning after the date the guidance referred to in subsection (c) is published.
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Noncompliance Deemed a Civil Rights Violation Noncompliance with this subtitle is deemed a violation of title VI of the Civil Rights Act of 1964.
No Effect on Indian Child Welfare Act of 1978Nothing 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.).
SEC. 554 REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE SERVICES PROGRAMS.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended
- by striking "and" at the end of paragraph (7);
- by striking the period at the end of paragraph (8) and inserting "; and"; and
by adding at the end the following:
"(9) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed."
Subpart 2
Other Provisions
SEC. 555 EFFECT OF FAILURE TO CARRY OUT STATE PLAN
In General Part A of title XI of the Social Security Act (42 U.S.C. 13011320b13) is amended by inserting after section 1122 the following:
"SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
"In an action brought to enforce a provision of the Social Security Act, such provision is not to be deemed unenforceable because of its inclusion in a section of the Act requiring a State plan or specifying the required contents of a State plan.
This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability; provided, however, that this section is not intended to alter the holding in Suter v.
Artist M. that section 471(a)(15) of the Act is not enforceable in a private right of action.
Applicability The amendment made by subsection (a) shall apply to actions pending on the date of the enactment of this Act and to actions brought on or after such date of enactment.
IMPROVING AMERICA'S SCHOOLS ACT OF 1994
P.L. 103-382, see page 108 Stat. 3518
Dates of Consideration and Passage
House: February 24, March 2, 3, 9, 21, 22, 24, September 30, 1994
Senate: July 27, 28, August 1, 2, October 5, 1994
Cong. Record Vol. 140(1994)
House Report (Education and Labor Committee)
No. 103-425, Feb. 16, 1994
(To accompany H.R. 6)
Senate Report (Labor and Human Resources Committee)
No. 103-292, June 24, 1994
(To accompany S. 1513)
Senate Report (Indian Affairs Committee)
No. 103-314, July 15, 1994
(To accompany S. 1513)
House Conference Report No. 103-761, Sept. 28, 1994
(To accompany H.R. 6)
The House bill was passed in lieu of the Senate bill. The House Report is set out below and the House Conference Report follows.
House Report 103-425
The Committee on Education and Labor, to whom was referred the bill H.R. 6 to extend for six years the authorization of appropriations for the programs under the Elementary and Secondary Education Act of 1965, and for certain other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.
Purpose
The purpose of the act is to reauthorize most of the Federal Government's programs providing aid to elementary and secondary education so that they better assist states and local school districts as they reform public education. The authorization for 12 programs under Elementary and Secondary Education Act are not extended.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6) to extend for five years the authorizations of appropriations for the programs under the Elementary and Secondary Education Act of 1965, and for certain other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report:
STATEMENT OF MANAGERS
The Managers on the part of the House and the Senate wish to recognize the extraordinary contributions of John (Jack) Jennings to the Congress and to the Federal programs in support of education. Jack Jennings is retiring at the end of this Congress having served for over a quarter century as counsel to the Education and Labor Committee and its Subcommittee on Elementary, Secondary, and Vocational Education. During his service, Jack Jennings has been a model of staff professionalism, striving always to produce high quality education laws that faithfully reflect the policy decisions of the Members of Congress. The Members of Congress who have worked with Jack Jennings have benefited from his thoughtful counsel and diligence as have millions of students in America's schools.
TITLE I, PART A SHORT TITLE; TABLE OF CONTENTS
The House bill contains a table of contents for the Improving America's Schools Act, which includes the Elementary and Secondary Education Act; the Senate amendment outlines the organization of the Improving America's Schools Act and includes a table of contents for the Elementary and Secondary Education Act. The Senate recedes.
EFFECTIVE DATES; TRANSITION
The House bill refers to "Except as provided in subparagraph (B), the provisions of title I"; the Senate amendment entitles the paragraph "Title I" and refers to "The amendment made by title I".Legislative counsel.
Both the House bill and the Senate amendment have an exception for the Impact Aid provisions, but the cites are different.Legislative counsel.
EQUITABLE RELIEF
The Act would provide a right to bring an action seeking relief in U.S. district court to any individual who is aggrieved by a violation of the anti-discrimination policy outlined above.
CONSTRUCTION
Nothing in the Multiethnic Placement Act shall be construed to affect the application of the Indian Child Welfare Act.
CONFERENCE AGREEMENT
SUBTITLE AMULTIETHNIC PLACEMENT
MULTIETHNIC FOSTER CARE AND ADOPTION PLACEMENTS
The conference agreement follows the Senate amendment with the following modifications:
Purpose
Change the purpose to read: It is the purpose of this Act to promote the best interests of children by: (1) decreasing the length of time that children wait to be adopted; (2) preventing discrimination in the placement of children on the basis of race, color, or national origin; and (3) facilitating the identification and recruitment of foster and adoptive families that can meet children's needs.
Permissible Consideration
Change permissible consideration to read: An agency or entity to which the prohibition against discrimination applies may consider the cultural, ethnic, or racial background of the child and the capacity of the prospective foster or adoptive parents to meet the needs of the child of this background as one of a number of factors used to determine the best interests of a child.
Limitation
Substitute the following language: Noncompliance with this Act constitutes a violation of Title VI of the Civil Rights Act of 1964.
Amendment to Title IVB Child Welfare Services program
Add the following Title IVB State plan requirement: The State plan must provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed.
Federal Guidance and Deadline for Compliance
Add the following: Not later than 6 months after enactment the Secretary of HHS must publish guidance to concerned public and private agencies and entities with respect to compliance with the Multiethnic Placement Act. An agency or entity that receives Federal assistance and is involved with adoption or foster care placements shall comply not later than 6 months after publication of guidance or 1 year after enactment, whichever is sooner. In cases where a State demonstrates to the Secretary's satisfaction that a particular practice cannot be changed without amending State law, the Secretary may extend the compliance date for such State a reasonable number of days after the closing of the first State legislative session beginning after the Federal guidance is published.
SUBTITLE BOTHER PROVISION
EFFECT OF FAILURE TO CARRY OUT STATE PLAN
The provision would amend Title XI of the Social Security Act by adding a new section that reads as follows: "In an action brought to enforce a provision of the Social Security Act, such provision is not to be deemed unenforceable because of its inclusion in a section of the Act requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability; provided, however, that this section is not intended to alter the holding in Suter v. Artist M. that section 471(a)(15) of the Act is not enforceable in a private right of action."
The intent of this provision is to assure that individuals who have been injured by a State's failure to comply with the Federal mandates of the State plan titles of the Social Security Act are able to seek redress in the federal courts to the extent they were able to prior to the decision in Suter v. Artist M., while also making clear that there is no intent to overturn or reject the determination in Suter that the reasonable efforts clause to Title IVE does not provide a basis for a private right of action. The amendment would apply to actions pending on the date of enactment and to actions brought on or after the date of enactment.
For consideration of the House bill and the Senate amendment (except for sections 601603 and 801805):
William D. Ford, George Miller, Dale E. Kildee, Pat Williams, Major R. Owens, Tom Sawyer, Donald M. Payne, Jolene Unsoeld, Patsy T. Mink, Jack Reed, Tim Roemer, Eliot L. Engel, Xavier Becerra, Gene Green, Lynn C. Woolsey, Carlos RomeroBarcelo, Karan English, Ted Strickland, Robert A. Underwood
From the Committee on Education and Labor for consideration of sections 601603 of the Senate amendment:
William D. Ford, Major R. Owens, Donald M. Payne,
From the Committee on Ways and Means for consideration of sections 601603 of the Senate amendment:
Sam Gibbons, Harold Ford
From the Committee on Education and Labor for consideration of sections 801805 of the Senate amendment:
William D. Ford, Pat Williams, Tom Sawyer
From the Committee on Agriculture for consideration of sections 801805 of the Senate amendment:
Kika de la Garza, Charlie Stenholm, Pat Roberts, Managers on the
Part of the House.
Edward M. Kennedy, Clairborne Pell, Howard M. Metzenbaum,
Christopher J. Dodd, Paul Simon, Tom Harkin, Barbara A. Mikulski,
Jeff Bingaman, Paul Wellstone, Harris Wofford, Nancy Landon
Kassebaum, James M. Jeffords, Orrin Hatch, Dave Durenberger,
Managers on the Part of the Senate.
Attachments:
Attachment B: List
of Regional Administrators, ACF
Attachment C: Exemplary
IV-B Recruitment Plan Elements
Attachment D: Necessary
Components of Effective Foster Care and Adoption Recruitment
Attachment E: ABA
Monograph on the Multiethnic Placement Act
Some of the attachments to the Monograph are also available, they are named Attachment F and Attachment G
