1994 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
SUBCHAPTER II - ADOPTION OPPORTUNITIES
Sec. 5115a - Multiethnic placements

View Metadata

§5115a. 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) 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 cultural, ethnic, or racial background of the child and the capacity of the prospective foster or adoptive parents to meet the needs of a child of this background as one of a number of factors used to determine the best interests of a child.

(3) “Placement decision” defined

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) Equitable relief

Any individual who is aggrieved by an action in violation of subsection (a) of this section, taken by an agency or entity described in subsection (a) of this section, shall have the right to bring an action seeking relief in a United States district court of appropriate jurisdiction.

(c) Federal guidance

Not later than 6 months after October 20, 1994, the Secretary of Health and Human Services shall publish guidance to concerned public and private agencies and entities with respect to compliance with this subpart.1

(d) Deadline for compliance (1) 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 subpart 1 not later than six months after publication of the guidance referred to in subsection (c) of this section, or one year after October 20, 1994, whichever occurs first.

(2) Authority to extend deadline

If 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,1 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) of this section is published.

(e) Noncompliance deemed civil rights violation

Noncompliance with this subpart 1 is deemed a violation of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.].

(f) No effect on Indian Child Welfare Act of 1978

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.).

(Pub. L. 103–382, title V, §553, Oct. 20, 1994, 108 Stat. 4056.)

References in Text

This subpart, referred to in subsecs. (c) to (e), means subpart 1 of part E of title V of Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 4056, which enacted this section, amended section 622 of this title, and enacted provisions set out as notes below. For complete classification of subpart to the Code, see Short Title note below and Tables.

The Civil Rights Act of 1964, referred to in subsec. (e), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

The Indian Child Welfare Act of 1978, referred to in subsec. (f), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is classified principally to chapter 21 (§1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 and Tables.

Codification

Section was enacted as part of the Howard M. Metzenbaum Multiethnic Placement Act of 1994 and also as part of the Improving America's Schools Act of 1994, and not as part of title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 Act which comprises this subchapter.

Short Title

Section 551 of Pub. L. 103–382 provided that: “This subpart [subpart 1 (§§551–554) of part E of title V of Pub. L. 103–382, enacting this section, amending section 622 of this title, and enacting provisions set out below] may be cited as the ‘Howard M. Metzenbaum Multiethnic Placement Act of 1994’.”

Findings and Purpose

Section 552 of Pub. L. 103–382 provided that:

“(a) Findings.—The 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.

“(b) Purpose.—It is the purpose of this subpart [subpart 1 of part E of title V of Pub. L. 103–382, see Short Title note above] 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.”