42 U.S.C. § 1996b — Interethnic adoption

Page 5243 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1997 (1) the inherent rights of any Indian tribe; (2) the rights, express or implicit, of any In- dian tribe which exist under treaties, Execu- tive orders, and laws of the United States; (3) the inherent right of Indians to practice their religions; and (4) the right of Indians to practice their reli- gions under any Federal or State law. (Pub. L. 95–341, § 3, as added Pub. L. 103–344, § 2, Oct. 6, 1994, 108 Stat. 3125.) Editorial Notes REFERENCES IN TEXT The Religious Freedom Restoration Act, referred to in subsec. (b)(6), (7), probably means the Religious Freedom Restoration Act of 1993, Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§ 2000bb et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Ta- bles. The Alaska Native Claims Settlement Act, referred to in subsec. (c)(2), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. § 1996b. Interethnic adoption (1) Prohibited conduct A person or government that is involved in adoption or foster care placements may not— (A) deny to any individual the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the individual, or of the child, involved; or (B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adop- tive or foster parent, or the child, involved. (2) Enforcement Noncompliance with paragraph (1) is deemed a violation of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. (3) No effect on the Indian Child Welfare Act of 1978 This subsection shall not be construed to af- fect the application of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.]. (Pub. L. 104–188, title I, § 1808(c), Aug. 20, 1996, 110 Stat. 1904.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2000a of this title and Tables. The Indian Child Welfare Act of 1978, referred to in par. (3), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, 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. SUBCHAPTER I–A—INSTITUTIONALIZED PERSONS § 1997. Definitions As used in this subchapter— (1) The term ‘‘institution’’ means any facility or institution— (A) which is owned, operated, or managed by, or provides services on behalf of any State or political subdivision of a State; and (B) which is— (i) for persons who are mentally ill, dis- abled, or retarded, or chronically ill or handicapped; (ii) a jail, prison, or other correctional fa- cility; (iii) a pretrial detention facility; (iv) for juveniles— (I) held awaiting trial; (II) residing in such facility or institu- tion for purposes of receiving care or treatment; or (III) residing for any State purpose in such facility or institution (other than a residential facility providing only elemen- tary or secondary education that is not an institution in which reside juveniles who are adjudicated delinquent, in need of su- pervision, neglected, placed in State cus- tody, mentally ill or disabled, mentally re- tarded, or chronically ill or handicapped); or (v) providing skilled nursing, intermediate or long-term care, or custodial or residential care. (2) Privately owned and operated facilities shall not be deemed ‘‘institutions’’ under this subchapter if— (A) the licensing of such facility by the State constitutes the sole nexus between such facility and such State; (B) the receipt by such facility, on behalf of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C. 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C. 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State; or (C) the licensing of such facility by the State, and the receipt by such facility, on be- half of persons residing in such facility, of payments under title XVI, XVIII [42 U.S.C. 1381 et seq., 1395 et seq.], or under a State plan approved under title XIX [42 U.S.C. 1396 et seq.], of the Social Security Act, constitutes the sole nexus between such facility and such State; (3) The term ‘‘person’’ means an individual, a trust or estate, a partnership, an association, or a corporation; (4) The term ‘‘State’’ means any of the several States, the District of Columbia, the Common- wealth of Puerto Rico, or any of the territories and possessions of the United States; (5) The term ‘‘legislative days’’ means any cal- endar day on which either House of Congress is in session. (Pub. L. 96–247, § 2, May 23, 1980, 94 Stat. 349.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (2)(B), (C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI,