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Adoption Enforcement Guidelines

OCR's Enforcement Process for Section 1808(c) of the Small Business Job Protection Act

  • Section 1808 (c) of the Small Business Job Protection Act (IEP) prohibits governments and individuals involved in adoption or foster care from delaying or denying the placement of a child in adoption or foster care on the basis of race, color, or national origin of the child, or of the adoptive or foster parent.

  • A violation of Section 1808(c) is a violation of Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000d. Title VI prohibits discrimination on the basis of race, color or national origin in programs receiving federal financial assistance.

  • If HHS determines that a recipient of federal financial assistance has unlawfully discriminated on the basis of race, color, or national origin, it must notify the recipient of its finding and seek voluntary compliance. 42 U.S.C. 2000d-1; 45 C.F.R. 80.7(d).

  • If attempts to obtain voluntary compliance are unsuccessful, HHS may enforce Title Vl by initiating administrative proceedings to terminate federal financial assistance, or it may pursue other means, including referring the matter to the Department of Justice with a recommendation to pursue judicial proceedings. 42 U.S.C. 2000d-1; 45 C.F.R. 80.8(a).