SAFE Home Act
The SAFE Home Act would change the federal foster care and adoption funding rules (Title IV-E of the Social Security Act) to prevent entities that receive federal assistance and are involved in adoption or foster care placements from delaying or denying a child’s placement for certain reasons tied to biological sex and parental decisions about a child’s sex-related care. Specifically, it prohibits delaying or discriminating in placement decisions if a parent (1) raises and cares for a child in a manner consistent with the child’s biological sex, (2) declines to consent to medical, surgical, pharmacological, or psychological treatment aimed at altering the appearance or perceived sex of the child, or (3) declines to amend government-issued IDs (birth certificate, passport, etc.) if such amendments would be inconsistent with the child’s biological sex. The bill defines sex as biological sex, with explicit definitions for male and female. The changes would take effect on the first day of the first fiscal quarter after enactment and apply to payments under part E of Title IV for calendar quarters beginning after that date, with a provision allowing state plans to delay implementation if state legislation is needed to meet the new requirements.
Key Points
- 1Creates new prohibitions under 471(a)(38) on delaying or denying placements or discriminating in placement decisions for:
- 2- (i) a parent raising a child in alignment with the child’s biological sex,
- 3- (ii) a parent declining medical or related treatments intended to alter appearance or perception of the child’s sex,
- 4- (iii) a parent declining to amend IDs if inconsistent with the child’s biological sex.
- 5Defines key terms:
- 6- Sex = biological sex (male or female),
- 7- Female = reproductive system producing eggs (with specified language),
- 8- Male = reproductive system producing sperm (with specified language).
- 9Scope: Applies to entities that receive Federal assistance and are involved in adoption or foster care placements.
- 10Effective date and transition:
- 11- Effective the 1st day of the 1st fiscal quarter after enactment.
- 12- Applies to payments under part E of title IV for calendar quarters beginning after that date.
- 13- Allows a delay if the Secretary determines state legislation is required for implementing the new requirements; states with multi-year sessions are treated so that each year is a separate regular session.
- 14State plan interaction: If state law is needed to meet the new requirements, a state plan shall not be considered noncompliant before the first quarter after the beginning of the first regular session of the state legislature following enactment.