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
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