I 
118TH CONGRESS 
2D SESSION 
H. R. 7664 
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 
MARCH 13, 2024 
Ms. KAMLAGER-DOVE (for herself and Mr. JOHNSON of Georgia) 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’’. 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. EXPANSION OF NONDISCRIMINATION PROTEC-
TIONS FOR CHILDREN AND FAMILIES IN 
ADOPTION AND FOSTER CARE PLACEMENT. 
(a) STATE PLAN REQUIREMENTS RELATING
TO 
ADOPTION
AND FOSTER CARE PLACEMENT.—Section 
471(a)(18) of the Social Security Act (42 U.S.C. 
671(a)(18)) is amended to read as follows: 
‘‘(18) provides that— 
‘‘(A) neither the State nor any other entity 
in the State that receives funds from the Fed-
eral Government and is involved in adoption or 
foster care placements may— 
‘‘(i) deny to any person the oppor-
tunity to become an adoptive or a foster 
parent, on the basis of the race, color, sex 
(including sexual orientation, gender iden-
tity, and gender expression), religion, or 
national origin of the person, or of the 
child, involved; 
‘‘(ii) delay or deny the provision of 
foster care prevention support and services, 
family preservation or reunification serv-
ices, kinship supports, or adoption or 
guardianship subsidies to children, parents 
or kin caregivers on the basis of the race, 
color, sex (including sexual orientation, 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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— 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(I) the cultural, ethnic, sexual 
orientation, gender identity, gender 
expression, racial, or religious back-
ground of the child; and 
‘‘(II) the capacity of the prospec-
tive foster or adoptive parents to af-
firm the identities of the child;’’. 
(b) STATE PLAN REQUIREMENT RELATING TO PRO-
VISION
OF
CHILD
WELFARE
SERVICES.—Section 
422(b)(7) of such Act (42 U.S.C. 622(b)(7)) is amended 
by inserting ‘‘substantiate with clear and convincing data 
and analysis that the child welfare agency is addressing 
disproportionality in the State child welfare system, and 
disparities in access to community-based services, array, 
and contracting; and’’ before ‘‘provide’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the 1st day of the 
1st fiscal year beginning on or after the date of the 
enactment of this Act, and shall apply to payments 
under subpart 1 of part B and part E of title IV 
of the Social Security Act for calendar quarters be-
ginning on or after such date. 
(2) DELAY PERMITTED IF STATE LEGISLATION 
REQUIRED.—If the Secretary of Health and Human 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Services determines that State legislation (other 
than legislation appropriating funds) is required in 
order for a State plan developed pursuant to subpart 
1 of part B or part E of title IV of the Social Secu-
rity Act to meet the additional requirements imposed 
by the amendments made by this section, the plan 
shall not be regarded as failing to meet any of the 
additional requirements before the 1st day of the 1st 
calendar quarter beginning after the first regular 
session of the State legislature that begins after the 
date of the enactment of this Act. For purposes of 
the preceding sentence, if the State has a 2-year leg-
islative session, each year of the session is deemed 
to be a separate regular session of the State legisla-
ture. 
(3) APPLICATION TO PROGRAMS OPERATED BY 
INDIAN TRIBAL ORGANIZATIONS.—In the case of an 
Indian tribe, tribal organization, 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 (whether the 
tribe, organization, or tribal consortium has a plan 
under section 479B of the Social Security Act or a 
cooperative agreement or contract entered into with 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
a State), the Secretary shall provide the tribe, orga-
nization, or tribal consortium with such additional 
time as the Secretary determines is necessary for the 
tribe, organization, or tribal consortium to take the 
action to comply with the additional requirements 
before being regarded as failing to comply with the 
requirements. 
SEC. 3. GREATER FLEXIBILITY FOR STATES BEFORE PETI-
TIONING TO MODIFY PARENTAL RIGHTS. 
Section 475(5)(E) of the Social Security Act (42 
U.S.C. 675(5)(E)) is amended— 
(1) by striking ‘‘15 of the most recent 22 
months’’ and inserting ‘‘24 consecutive months and 
who is not in the care of kin (including fictive kin), 
the State may consider filing or joining a petition 
for modification or termination of parental rights 
only after demonstrating by clear and convincing 
evidence that the State has provided to the family of 
the child such services, supports, and time needed to 
address the reasons for foster care and enable the 
family to safely reunify, and by demonstrating com-
pelling reasons why the modification or termination 
is in the best interest of the child, and if the child 
is living with a kinship (including fictive kinship) 
caregiver, the State agency shall provide a meaning-
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ful opportunity for the kinship (including fictive kin-
ship) 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 child’’; 
(2) by striking clause (i) and redesignating 
clauses (ii) and (iii) as clauses (i) and (ii), respec-
tively; 
(3) in clause (ii) (as so redesignated by para-
graph (2) of this section), by striking the semicolon 
and inserting a comma; and 
(4) by inserting after and below clause (ii) (as 
so redesignated) the following: 
‘‘except that, in the case of a child to whom 
this subparagraph applies solely because the 
child has been in foster care under the responsi-
bility of the State for 24 consecutive months 
and is not in the care of kin (including fictive 
kin), the State may not file or join such a peti-
tion if a parent of the child is actively engaged 
in services to address the reasons the child en-
tered care (including treatment for substance 
use disorder, mental health concerns, or par-
enting skills), if based principally on the incar-
ceration of a parent, or if based principally on 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
the detention of the parent by the Department 
of Homeland Security or the deportation of the 
parent;’’. 
SEC. 4. EXPANSION OF PURPOSES OF COURT IMPROVE-
MENT PROGRAM. 
(a) IN GENERAL.—Section 438 of the Social Security 
Act (42 U.S.C. 629h) is amended— 
(1) in subsection (a)(2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘state’’ and inserting ‘‘State’’; 
(B) in subparagraph (A)— 
(i) by inserting ‘‘and their families’’ 
before ‘‘in a timely and complete manner’’; 
and 
(ii) by striking ‘‘, as set forth in the 
Adoption and Safe Families Act of 1997 
(Public Law 105–89), including the re-
quirements in the Act related to concur-
rent planning’’; 
(C) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(D) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(D) to increase access to high quality 
legal representation at all stages of a child wel-
fare case for all parties to the case, including 
the children, the parents of the children, and, 
where applicable, kinship care providers and In-
dian tribes.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) APPLICATIONS.—In order to be eligible to re-
ceive a grant under this section, a highest State court shall 
have in effect a rule requiring State courts to ensure that 
foster parents, pre-adoptive parents, and kinship (includ-
ing fictive kinship) 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 child, shall pro-
vide for the training of judicial officers, attorneys, and 
court and child welfare staff in child welfare cases on Fed-
eral child welfare policies and payment limitations with re-
spect to children in foster care who are placed in settings 
that are not a foster family home, and shall submit to 
the Secretary an application at such time, in such form, 
and including such information and assurances as the Sec-
retary may require, including— 
‘‘(1) a description of how courts and child wel-
fare agencies on the local and State levels will use 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
not less than 30 percent of grant funds to collabo-
rate and jointly plan for the collection and sharing 
of all relevant data and information to demonstrate 
how improved case tracking and analysis of child 
abuse and neglect cases will produce safe and timely 
permanency decisions; 
‘‘(2) a demonstration that a portion of the 
grant will be used for cross-training initiatives that 
are jointly planned and executed with the State 
agency or any other agency under contract with the 
State to administer the State program under the 
State plan under subpart 1, the State plan approved 
under section 434, or the State plan approved under 
part E; 
‘‘(3) a demonstration that a portion of the 
grant will be used to develop and implement, on an 
ongoing and regular basis, training for judicial offi-
cers, attorneys, and court and child welfare staff on 
race, culture, and equity, and, in the development 
and implementation of that training, will include 
current and former foster children, parents who have 
experienced child removals by State child welfare 
agencies, and kinship (including fictive kinship) care 
providers; and 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(4) a demonstration of meaningful and ongo-
ing collaboration among the courts in the State, the 
State agency or any other agency under contract 
with the State who is responsible for administering 
the State program under part B or E, and, where 
applicable, Indian tribes.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) of this section shall take effect on October 
1, 2024. 
Æ 
VerDate Sep 11 2014 
06:17 Mar 20, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H7664.IH
H7664
kjohnson on DSK7ZCZBW3PROD with $$_JOB