Page:United States Statutes at Large Volume 108 Part 5.djvu/567

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 4057 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), 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. (c) FEDERAL GUIDANCE. — Not later than 6 months after the Publication, 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 subpart. (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 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. (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, 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. (e) NONCOMPLIANCE DEEMED A CIVIL RIGHTS VIOLATION.— Noncompliance with this subpart is deemed a violation of title VI of the Civil Rights Act of 1964. (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.). SEC. 664. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE SERVICES PROGRAMS. 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 (7); (2) by striking the period at the end of paragraph (8) and inserting "; and"; and (3) 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 Provision SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN. (a) IN GENERAL. — Part A of title XI of the Social Security Act (42 U.S.C. 1301-1320b-13) is amended by inserting after section 1122 the following: •*SEC. 1123. EFFECT OF FAD^URE TO CARRY OUT STATE PLAN. 42 USC 1320a-2. "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