I 
117TH CONGRESS 
1ST SESSION H. R. 5856 
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 rights, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2021 
Ms. BASS introduced the following bill; 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 rights, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Children 
and Families Act’’. 
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SEC. 2. EXPANSION OF NONDISCRIMINATION PROTEC-
TIONS FOR CHILDREN AND FAMILIES IN 
ADOPTION AND FOSTER CARE PLACEMENT. 
(a) STATE PLAN REQUIREMENTS RELATING
TO 
ADOPTION
AND FOSTER CARE PLACEMENT.—Section 
471(a)(18) of the Social Security Act (42 U.S.C. 
671(a)(18)) is amended to read as follows: 
‘‘(18) provides that— 
‘‘(A) neither the State nor any other entity 
in the State that receives funds from the Fed-
eral Government and is involved in adoption or 
foster care placements may— 
‘‘(i) deny to any person the oppor-
tunity to become an adoptive or a foster 
parent, on the basis of the race, color, sex 
(including sexual orientation, gender iden-
tity, and gender expression), religion, or 
national origin of the person, or of the 
child, involved; 
‘‘(ii) delay or deny the provision of 
foster care prevention support and services, 
family preservation or reunification serv-
ices, kinship supports, or adoption or 
guardianship subsidies to children, parents 
or kin caregivers on the basis of the race, 
color, sex (including sexual orientation, 
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gender identity, and gender expression), 
religion, or national origin of the parent, 
kin caregiver, or of the child, involved; or 
‘‘(iii) significantly delay or deny the 
placement of a child for adoption or into 
foster care, or otherwise discriminate in 
making a placement decision solely on the 
basis of the race, color, sex (including sex-
ual orientation, gender identity, and gen-
der expression), religion, or national origin 
of the adoptive or foster parent, or the 
child, involved; and 
‘‘(B) an agency or entity to which subpara-
graph (A) applies— 
‘‘(i) may consider, among the factors 
used to determine the best interests of the 
child, the capacity of the prospective foster 
or adoptive parents to affirm the cultural, 
ethnic, sexual orientation, gender identity, 
gender expression, racial, or religious back-
ground of the child; and 
‘‘(ii) when requested by the child or a 
parent of the child, shall consider, among 
the factors used to determine the best in-
terests of the child— 
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‘‘(I) the cultural, ethnic, sexual 
orientation, gender identity, gender 
expression, racial, or religious back-
ground of the child; and 
‘‘(II) the capacity of the prospec-
tive foster or adoptive parents to af-
firm the identities of the child;’’. 
(b) STATE PLAN REQUIREMENT RELATING TO PRO-
VISION
OF
CHILD
WELFARE
SERVICES.—Section 
422(b)(7) of such Act (42 U.S.C. 622(b)(7)) 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 system, and 
disparities in access to community-based services, array, 
and contracting; and’’ before ‘‘provide’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the 1st day of the 
1st fiscal year beginning on or after the date of the 
enactment of this Act, and shall apply to payments 
under subpart 1 of part B and part E of title IV 
of the Social Security Act for calendar quarters be-
ginning on or after such date. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
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