S. 1073Senate116th Congress (2019-2021)In Committee

Protecting LGBTQ Youth Act

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Updated April 14, 2026 at 3:58 AM UTC

The Protecting LGBTQ Youth Act amends the Child Abuse Prevention and Treatment Act to specifically include lesbian, gay, bisexual, and transgender (LGBTQ) youth and their families. It adds LGBTQ status to the list of groups considered vulnerable to abuse and neglect, and requires data collection and program support for these youth. The changes affect federal child welfare programs, state and local agencies, and service providers that work with at‑risk children.

Key Provisions

Adds LGBTQ youth and families as a distinct group facing child abuse and neglect, and calls for better data collection on their experiences.
Expands definitions in the Act to include sexual orientation and gender identity alongside sex and disability.
Requires assessments and investigations of abuse cases involving LGBTQ youth.
Mandates inclusion of individuals experienced in working with LGBTQ youth in advisory and service roles.
Updates grant and program language to ensure families with LGBTQ youth are eligible for assistance and partnership funding.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2331)

Health, Education, Labor, and Pensions Committee

April 9, 2019

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SenateIntro Referral

Introduced in Senate

April 9, 2019

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2331)

Health, Education, Labor, and Pensions Committee

April 9, 2019

Floor Debate

1 member

What members said about S. 1073 on the floor

1 Democrat

Sen. Tim KaineD-VA · Apr 9, 2019

Mr. President, investing in the development of a robust, well-trained, and stable child welfare workforce is central to improving outcomes for children and families across the United States. The…

Mr. President, investing in the development of a robust, well-trained, and stable child welfare workforce is central to improving outcomes for children and families across the United States. The existence of such a workforce is essential to a child welfare agency's ability to carry out the responsibilities with which they have been entrusted. Child welfare work has been shown to be physically and emotionally challenging, as demonstrated by recent studies into the impact of secondary traumatic stress (STS) on child welfare professionals. The multitude of challenges inherent in child welfare work, combined with relatively low compensation and work benefits, make these careers difficult to sustain, resulting in high rates of turnover.

Studies conducted over the last 15 years estimate the national rate of turnover of child welfare workers to be 20-40 percent annually. In 2017, Virginia reported a turnover rate of 30%, while Washington State reported a turnover rate of 20% and Georgia reported a turnover rate of 32%. These high rates of turnover detract from the quality of services delivered to children and families and result in an estimated cost of $54,000 per worker leaving an agency.

Greater action is needed to ensure that individuals pursuing child welfare careers receive appropriate training and support to improve the sustainability of their important, yet demanding work. Higher rates of retention for child welfare workers translates to greater stability for families and improved services for vulnerable youth. Existing research provides a number of evidenced-based and promising practices for improving recruitment and retention in the child welfare workforce.

This is why I am pleased to introduce today the Child Welfare Workforce Support Act. This bill directs the Secretary to conduct a five-year demonstration program for child welfare service providers to implement targeted interventions to recruit, select, and retain child welfare workers. This demonstration program will focus on building an evidence base of best practices for reducing barriers to the recruitment, development, and retention of individuals providing direct services to children and families. Funds will also be used to provide ongoing professional development to assist child welfare workers in meeting the diverse needs of families with infants and children with the goal of improving both the quality of services provided and the sustainability of such careers. Investing resources in determining what practices have the greatest impact on the successful recruitment and retention of child welfare workers will assist in developing an evidence-base for future federal investment in this space.

I hope that as the Senate begins to discuss reauthorizing the Child Abuse Prevention and Treatment Act that we consider the Child Welfare Workforce Support Act and recognize the important role that child welfare workers make to improve outcomes for vulnerable infants and children.

Mr. President, according to the Department of Health and Human Services (HHS), lesbian, gay, and bisexual (LGB) youth are at an increased risk for experiencing maltreatment compared to non-LGB youth. A 2011 meta-analysis of 37 school-based studies found that LGB adolescents were 3.8 times more likely to experience childhood sexual abuse and 1.2 times more likely to experience physical abuse by a parent or guardian when compared to their heterosexual peers. Additional studies have demonstrated that gender nonconformity during childhood may increase the risk for child maltreatment. Unfortunately, there is not enough research and data available to identify the risk of child maltreatment for individuals who identify as transgender.

These risks for maltreatment often times result in LGBTQ youth entering the child welfare system. Studies have found that, ``LGBT young people are overrepresented in child welfare systems, despite the fact that they are likely to be underreported because they risk harassment and abuse if their LGBT identity is disclosed.'' This overrepresentation of LGBTQ youth in the foster care system raises concerns about issues in the child abuse and prevention space. Additional research is needed to understand the risk of maltreatment among LGBTQ youth, particularly those identifying as transgender. These studies will yield invaluable information to be used in developing targeted prevention strategies to reduce the rates of adverse childhood experiences of LGBTQ individuals.

This is why I am pleased to introduce the Protecting LGBTQ Youth Act, which calls for HHS and other federal agencies to carry out an interdisciplinary research program to protect LGBTQ youth from child abuse and neglect and improve the well-being of victims of child abuse or neglect. This legislation also expands current practices around demographic information collection and reporting on incidences and prevalence of child maltreatment to include sexual orientation and gender identity. Additionally, the bill opens existing grant funding opportunities to invest in the training of personnel in best practices to meet the unique needs of LGBTQ youth and calls for the inclusion of individuals experienced in working with LGBTQ youth and families in state task forces. Improving data collection and disaggregation will provide greater insight into the circumstances LGBTQ youth face in the home that, when left unaddressed, lead to entry into the child welfare system. This improved data-driven understanding can then be used to develop appropriate and effective primary prevention practices to decrease the risks faced by LGTBQ youth.

I hope that as the Senate begins to discuss the reauthorization of the Child Abuse Prevention and Treatment Act we consider the Protecting LGBTQ Youth Act to better inform our collective understanding of the risks faced by LGBTQ youth and the best ways to address them.

Sen. Tim KaineD-VA · Apr 9, 2019

Bill Text

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Introduced in SenateIssued April 9, 2019

116th CONGRESS

1st Session

S. 1073

IN THE SENATE OF THE UNITED STATES

April 9, 2019

Mr. Kaine (for himself and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families.

Short title

This Act may be cited as the Protecting LGBTQ Youth Act.

Amendments to CAPTA

The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended—

(1)

in section 104 (42 U.S.C. 5105)—

(A)

in subsection (a)—

(i)

in paragraph (1)—

(I)

by redesignating subparagraphs (N) and (O) as subparagraphs (O) and (P), respectively;

(II)

by inserting after subparagraph (M) the following:

(N)

child abuse and neglect issues facing lesbian, gay, bisexual, and transgender youth and families, including providing recommendations for improving the collection of data at the Federal, State, and local levels to better identify young people who may be at risk of, or experiencing, child abuse or neglect because of their sexual orientation or gender identity;

;

(III)

in subparagraph (O), as so redesignated, by striking subparagraph (O) and inserting subparagraph (P); and

(IV)

in clause (ix) of subparagraph (P), as so redesignated, by inserting (including sexual orientation and gender identity) after sex; and

(ii)

in paragraph (2), by striking paragraph (1)(O) and inserting paragraph (1)(P); and

(B)

in subsection (b), by inserting or lesbian, gay, bisexual, and transgender youth after children with disabilities;

(2)

in section 105(a)(1)(E) (42 U.S.C. 5106(a)(1)(E)), by inserting and lesbian, gay, bisexual, and transgender youth after children with disabilities;

(3)

in section 106(d)(1) (42 U.S.C. 5106a(d)(1)), by inserting , disaggregated by demographic characteristics such as age, sex (including sexual orientation and gender identity), race, family structure, household relationship, school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year before the period;

(4)

in section 107 (42 U.S.C. 5106c)—

(A)

in subsection (a)—

(i)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(ii)

by inserting after paragraph (2) the following:

(3)

the assessment and investigation of cases involving lesbian, gay, bisexual, and transgender youth who are suspected victims of child abuse or neglect;

;

(B)

in subsection (b)(5), by striking paragraphs (1) through (3) and inserting paragraphs (1) through (4); and

(C)

in subsection (c)(1)—

(i)

by redesignating subparagraphs (G) through (J) as subparagraphs (H) through (K), respectively; and

(ii)

by inserting after subparagraph (F) the following:

(G)

individuals experienced in working with lesbian, gay, bisexual, and transgender youth and families;

;

(5)

in section 201(b)(1)(G) (42 U.S.C. 5116(b)(1)(G)), by inserting (including lesbian, gay, bisexual, and transgender youth and families) before the semicolon;

(6)

in section 202 (42 U.S.C. 5116a)—

(A)

in paragraph (2)—

(i)

in subparagraph (A), by inserting and families with other vulnerable youth, including lesbian, gay, bisexual, and transgender youth before the semicolon; and

(ii)

in subparagraph (B), by striking and public sector and private nonprofit sector service providers, and parents with disabilities and inserting public sector and private nonprofit sector service providers, parents with disabilities, and parents of other vulnerable youth, including lesbian, gay, bisexual, and transgender youth; and

(B)

in paragraph (3)—

(i)

in subparagraph (C), by striking ; and and inserting a semicolon;

(ii)

in subparagraph (D), by striking the period and inserting ; and; and

(iii)

by adding at the end the following:

(E)

will integrate its efforts with individuals and organizations experienced in working in partnership with families with vulnerable youth, including lesbian, gay, bisexual, and transgender youth, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities.

; and

(7)

in section 206(4) (42 U.S.C. 5116f(4)), by striking and parents with disabilities and inserting parents with disabilities, and families with other vulnerable youth, including lesbian, gay, bisexual, and transgender youth.