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Lawmakers Back Tribal, LGBT Groups Foster Care Info Suit
Law360 (May 20, 2021, 9:44 PM EDT) U.S. senators and representatives lent their support to a California federal suit brought by tribes and advocacy groups seeking to restore certain requirements in the foster-care system, saying such information is crucial to deciding where to distribute billions in taxpayer dollars.
The suit seeks to once again require foster care and adoption programs to monitor Indian Child Welfare Act compliance and collect voluntarily disclosed sexual orientation data. The California Tribal Families Coalition, the Yurok Tribe, the Cherokee Nation, Facing Foster Care in Alaska, Ark of Freedom Alliance, Ruth Ellis Center and True Colors Inc. sued HHS last year for eliminating the collection of this irreplaceable data reversing Obama-era.
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Tribes and advocacy groups have asked a California federal court to abolish without trial "independently illegal" laws that no longer require foster care or adoption programs to monitor Indian Child Welfare Act compliance or to collect voluntarily disclosed sexual orientation data.
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On March 22, 2021, the U.S. Department of Health and Human Services announced it was delaying the Securing Updated and Necessary Statutory Evaluations Timely (SUNSET) rule until March 22, 2022. A one-year delay is unusual. The rule’s stated purpose was to reduce healthcare regulatory burden and was finalized by the Trump administration one day before the inauguration of President Biden.
Under the rule, HHS would be required to retroactively review more than 17,000 of its own regulatory rules periodically or have such rules automatically expire or sunset at a certain time following their effective date. Retroactive review allows agencies to examine existing regulations and then evaluate and draft updates based on new considerations. This unusual one-year delay by the Biden administration allows a recently filed lawsuit concerning the rule. Many in and out of government believe the suit has merit and the delay allows the
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David Gifford, Chief Medical Officer, the American Health Care Association
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