John Lewis Act Mandates Non-Discrimination in Foster Care, Affecting Agencies and Expanding Parent Pool

The John Lewis Every Child Deserves a Family Act aims to overhaul the federally funded foster care system by banning discrimination based on religion, sex, or marital status in the provision of child welfare services. Essentially, if an agency takes federal money under Title IV of the Social Security Act to help kids, it can no longer exclude prospective parents or families based on these factors. This is a big deal because it directly tackles the shortage of stable homes for the nearly 400,000 children currently in foster care, many of whom are stuck in group settings.

Who Gets to Be a Parent Now?

This bill explicitly expands the pool of eligible foster and adoptive parents. Currently, some agencies, often faith-based, have policies that exclude single people, same-sex couples, or individuals of a different faith background from fostering or adopting. This Act says that’s over. For example, a single, qualified person who completed 29% of adoptions in 2022 could no longer be turned away just because they aren’t married. The bill also defines "sex" broadly, specifically including sexual orientation and gender identity, meaning LGBTQ+ individuals and couples must be treated equally in the application process.

Protecting Vulnerable Youth

One of the bill’s main drivers is the high rate of LGBTQ+ youth in foster care—at least 30%—who face higher rates of abuse and poor outcomes. The Act requires that all federally funded entities provide services and staff training that are "gender-appropriate" and "culturally sensitive" to the "complex social identities" of the children they serve. This isn’t just about making people feel welcome; it’s about making sure the system provides safe placements. Furthermore, the bill explicitly defines and bans "conversion therapy"—a harmful, discredited practice—within the context of child welfare services, ensuring that vulnerable youth are not subjected to attempts to change their sexual orientation or gender identity.

The Enforcement Hammer and Legal Battles

To ensure compliance, the Act gives the Secretary of Health and Human Services (HHS) significant power, including the authority to withhold federal funding (Title IV payments) from states or agencies that don't comply. Agencies must be compliant within six months of HHS publishing guidance or one year after the law’s enactment, whichever comes first. Crucially, the bill creates a "Private Right to Sue," allowing any individual harmed by a violation to file a civil lawsuit in federal court to receive "appropriate relief," including attorney’s fees. This moves enforcement beyond just federal agencies and puts power directly into the hands of affected individuals.

This new law also anticipates legal challenges, particularly from religious organizations. It explicitly states that the Religious Freedom Restoration Act of 1993 (RFRA) cannot be used as a claim or defense to challenge the application or enforcement of this non-discrimination rule. For faith-based agencies that currently receive federal funds but restrict their services based on their religious beliefs regarding sex or marital status, this means they will have to change their operational policies to align with the new federal non-discrimination requirements or risk losing their federal funding.

More Data, Better Decisions

Finally, the Act mandates better data collection. HHS must start collecting data through the Adoption and Foster Care Analysis and Reporting System on the sexual orientation and gender identity of children, youth, and prospective parents. They also have to track whether family conflict related to a child’s sexual orientation or gender identity was a factor in their removal from home. This data is critical because, right now, we lack comprehensive national information on how LGBTQ+ youth fare in the system. The bill also establishes a National Resource Center to promote best practices and cultural competency training, aiming to improve outcomes for this vulnerable population with solid, evidence-based models.