,i  #aahth ,,congress  #b;d ,session    
,h4 ,r4 #gffd  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ac1 #bjbd,ms4
 ,kamlager-,dove 7for herself and ,mr4  
,johnson of ,georgia7 introduced the    
following bill2 which was referred to   
the ,committee on ,ways and ,means  ,a  
,,bill  ,to amend parts ,b and ,e of    
title ,,iv of the ,social ,security ,act
 to expand nondiscrimination protections
 for children and families and offer    
greater flexibility to ,states before   
petitioning to terminate parental       
rights1 and for other purposes4  #a4    
,short title ,this ,act may be cited as 
the #bast ,century ,children and        
,families ,act4  #b4 ,expansion of      
nondiscrimination protections for       
children and families in adoption and   
foster care placement  7a7 ,state plan  
requirements relating to adoption and   
foster care placement ,section          
#dga7;a77#ah7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #fga7;a77#ah77 is   
amended to read as follows3  7#ah7      

provides that-- 7,a7 neither the ,state 
nor any other entity in the ,state that 
receives funds from the ,federal        
,government and is involved in adoption 
or foster care placements may-- 7i7 deny
 to any person the opportunity to become
 an adoptive or a foster parent1 on the 
basis of the race1 color1 sex 7including
 sexual orientation1 gender identity1   
and gender expression71 religion1 or    
national origin of the person1 or of the
 child1 involved2  7ii7 delay or deny   
the provision of foster care prevention 
support and services1 family            
preservation or reunification services1 
kinship supports1 or adoption or        
guardianship subsidies to children1     
parents or kin caregivers on the basis  
of the race1 color1 sex 7including      
sexual orientation1 gender identity1 and
 gender expression71 religion1 or       
national origin of the parent1 kin      
caregiver1 or of the child1 involved2 or
  7iii7 significantly delay or deny the 
placement of a child for adoption or    

into foster care1 or otherwise          
discriminate in making a placement      
decision solely on the basis of the     
race1 color1 sex 7including sexual      
orientation1 gender identity1 and gender
 expression71 religion1 or national     
origin of the adoptive or foster parent1
 or the child1 involved2 and  7,b7 an   
agency or entity to which subparagraph  
7,a7 applies-- 7i7 may consider1 among  
the factors used to determine the best  
interests of the child1 the capacity of 
the prospective foster or adoptive      
parents to affirm the cultural1 ethnic1 
sexual orientation1 gender identity1    
gender expression1 racial1 or religious 
background of the child2 and  7ii7 when 
requested by the child or a parent of   
the child1 shall consider1 among the    
factors used to determine the best      
interests of the child-- 7,i7 the       
cultural1 ethnic1 sexual orientation1   
gender identity1 gender expression1     
racial1 or religious background of the  
child2 and  7,,ii7 the capacity of the  

prospective foster or adoptive parents  
to affirm the identities of the child2  
4  7b7 ,state plan requirement relating 
to provision of child welfare services  
,section #dbb7;b77#g7 of such ,act 7#db 
,u4,s4,c4 #fbb7;b77#g77 is amended by   
inserting substantiate with clear and   
convincing data and analysis that the   
child welfare agency is addressing      
disproportionality in the ,state child  
welfare system1 and disparities in      
access to community-based services1     
array1 and contracting2 and before      
provide4  7c7 ,effective date  7#a7 ,in 
general ,the amendments made by this    
section shall take effect on the #ast   
day of the #ast fiscal year beginning on
 or after the date of the enactment of  
this ,act1 and shall apply to payments  
under subpart #a of part ,b and part ,e 
of title ,,iv of the ,social ,security  
,act for calendar quarters beginning on 
or after such date4  7#b7 ,delay        
permitted if state legislation required 
,if the ,secretary of ,health and ,human

 ,services determines that ,state       
legislation 7other than legislation     
appropriating funds7 is required in     
order for a ,state plan developed       
pursuant to subpart #a of part ,b or    
part ,e of title ,,iv of the ,social    
,security ,act to meet the additional   
requirements imposed by the amendments  
made by this section1 the plan shall not
 be regarded as failing to meet any of  
the additional requirements before the  
#ast day of the #ast calendar quarter   
beginning after the first regular       
session of the ,state legislature that  
begins after the date of the enactment  
of this ,act4 ,for purposes of the      
preceding sentence1 if the ,state has a 
#b-year legislative session1 each year  
of the session is deemed to be a        
separate regular session of the ,state  
legislature4  7#c7 ,application to      
programs operated by ,indian tribal     
organizations ,in the case of an ,indian
 tribe1 tribal organization1 or tribal  
consortium which the ,secretary of      

,health and ,human ,services determines 
requires time to take action necessary  
to comply with the additional           
requirements imposed by the amendments  
made by this section 7whether the tribe1
 organization1 or tribal consortium has 
a plan under section #dgi;,b of the     
,social ,security ,act or a cooperative 
agreement or contract entered into with 
a ,state71 the ,secretary shall provide 
the tribe1 organization1 or tribal      
consortium with such additional time as 
the ,secretary determines is necessary  
for the tribe1 organization1 or tribal  
consortium to take the action to comply 
with the additional requirements before 
being regarded as failing to comply with
 the requirements4  #c4 ,greater        
flexibility for ,states before          
petitioning to modify parental rights   
,section #dge7e77;,e7 of the ,social    
,security ,act 7#db ,u4,s4,c4           
#fge7e77;,e77 is amended-- 7#a7 by      
striking #ae of the most recent #bb     
months and inserting #bd consecutive    

months and who is not in the care of kin
 7including fictive kin71 the ,state may
 consider filing or joining a petition  
for modification or termination of      
parental rights only after demonstrating
 by clear and convincing evidence that  
the ,state has provided to the family of
 the child such services1 supports1 and 
time needed to address the reasons for  
foster care and enable the family to    
safely reunify1 and by demonstrating    
compelling reasons why the modification 
or termination is in the best interest  
of the child1 and if the child is living
 with a kinship 7including fictive      
kinship7 caregiver1 the ,state agency   
shall provide a meaningful opportunity  
for the kinship 7including fictive      
kinship7 caregiver to express whether   
modification or termination is or is not
 in the best interests of the child and 
shall document such in the case plan of 
the child2  7#b7 by striking clause 7i7 
and redesignating clauses 7ii7 and 7iii7
 as clauses 7i7 and 7ii71 respectively2 

7#c7 in clause 7ii7 7as so redesignated 
by paragraph 7#b7 of this section71 by  
striking the semicolon and inserting a  
comma2 and  7#d7 by inserting after and 
below clause 7ii7 7as so redesignated7  
the following3 except that1 in the case 
of a child to whom this subparagraph    
applies solely because the child has    
been in foster care under the           
responsibility of the ,state for #bd    
consecutive months and is not in the    
care of kin 7including fictive kin71 the
 ,state may not file or join such a     
petition if a parent of the child is    
actively engaged in services to address 
the reasons the child entered care      
7including treatment for substance use  
disorder1 mental health concerns1 or    
parenting skills71 if based principally 
on the incarceration of a parent1 or if 
based principally on the detention of   
the parent by the ,department of        
,homeland ,security or the deportation  
of the parent2 4  #d4 ,expansion of     
purposes of ,court ,improvement ,program

  7a7 ,in general ,section #dch of the  
,social ,security ,act 7#db ,u4,s4,c4   
#fbi;h7 is amended-- 7#a7 in subsection 
7a77#b7-- 7,a7 in the matter preceding  
subparagraph 7,a71 by striking state and
 inserting ,state2  7,b7 in subparagraph
 7,a7-- 7i7 by inserting and their      
families before in a timely and complete
 manner2 and  7ii7 by striking 1 as set 
forth in the ,adoption and ,safe        
,families ,act of #aiig 7,public ,law   
#aje-hi71 including the requirements in 
the ,act related to concurrent planning2
  7,c7 in subparagraph 7,b71 by striking
 and at the end2  7,d7 in subparagraph  
7,c71 by striking the period at the end 
and inserting 2 and2 and  7,e7 by adding
 at the end the following3  7,d7 to     
increase access to high quality legal   
representation at all stages of a child 
welfare case for all parties to the     
case1 including the children1 the       
parents of the children1 and1 where     
applicable1 kinship care providers and  
,indian tribes4  2 and  7#b7 by striking

 subsection 7b7 and inserting the       
following3  7b7 ,applications ,in order 
to be eligible to receive a grant under 
this section1 a highest ,state court    
shall have in effect a rule requiring   
,state courts to ensure that foster     
parents1 pre-adoptive parents1 and      
kinship 7including fictive kinship7     
caregivers of a child in foster care    
under the responsibility of the ,state  
are notified of any proceeding to be    
held with respect to the child1 shall   
provide for the training of judicial    
officers1 attorneys1 and court and child
 welfare staff in child welfare cases on
 ,federal child welfare policies and    
payment limitations with respect to     
children in foster care who are placed  
in settings that are not a foster family
 home1 and shall submit to the          
,secretary an application at such time1 
in such form1 and including such        
information and assurances as the       
,secretary may require1 including-- 7#a7
 a description of how courts and child  

welfare agencies on the local and ,state
 levels will use not less than #cj      
percent of grant funds to collaborate   
and jointly plan for the collection and 
sharing of all relevant data and        
information to demonstrate how improved 
case tracking and analysis of child     
abuse and neglect cases will produce    
safe and timely permanency decisions2   
7#b7 a demonstration that a portion of  
the grant will be used for              
cross-training initiatives that are     
jointly planned and executed with the   
,state agency or any other agency under 
contract with the ,state to administer  
the ,state program under the ,state plan
 under subpart #a1 the ,state plan      
approved under section #dcd1 or the     
,state plan approved under part ,e2     
7#c7 a demonstration that a portion of  
the grant will be used to develop and   
implement1 on an ongoing and regular    
basis1 training for judicial officers1  
attorneys1 and court and child welfare  
staff on race1 culture1 and equity1 and1

 in the development and implementation  
of that training1 will include current  
and former foster children1 parents who 
have experienced child removals by      
,state child welfare agencies1 and      
kinship 7including fictive kinship7 care
 providers2 and  7#d7 a demonstration of
 meaningful and ongoing collaboration   
among the courts in the ,state1 the     
,state agency or any other agency under 
contract with the ,state who is         
responsible for administering the ,state
 program under part ,b or ,e1 and1 where
 applicable1 ,indian tribes4  4  7b7    
,effective date ,the amendments made by 
subsection 7a7 of this section shall    
take effect on ,october #a1 #bjbd4