[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5856 Introduced in House (IH)]

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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 Representatives 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''.

SEC. 2. EXPANSION OF NONDISCRIMINATION PROTECTIONS 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 Federal Government 
                and is involved in adoption or foster care placements 
                may--
                            ``(i) deny to any person the opportunity to 
                        become an adoptive or a foster parent, on the 
                        basis of the race, color, sex (including sexual 
                        orientation, gender identity, 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 services, 
                        kinship supports, or adoption or guardianship 
                        subsidies to children, parents or kin 
                        caregivers on the basis of the race, color, sex 
                        (including sexual orientation, 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 sexual 
                        orientation, gender identity, and gender 
                        expression), religion, or national origin of 
                        the adoptive or foster parent, or the child, 
                        involved; and
                    ``(B) an agency or entity to which subparagraph (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 
                        background 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 interests of 
                        the child--
                                    ``(I) the cultural, ethnic, sexual 
                                orientation, gender identity, gender 
                                expression, racial, or religious 
                                background of the child; and
                                    ``(II) the capacity of the 
                                prospective foster or adoptive parents 
                                to affirm the identities of the 
                                child;''.
    (b) State Plan Requirement Relating to Provision 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 beginning on or 
        after such date.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human 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 
        Security 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 legislative 
        session, each year of the session is deemed to be a separate 
        regular session of the State legislature.
            (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 a State), the Secretary 
        shall provide the tribe, organization, 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 PETITIONING 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 compelling 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 meaningful 
        opportunity for the kinship (including fictive kinship) 
        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), respectively;
            (3) in clause (ii) (as so redesignated by paragraph (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 responsibility 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 petition if a parent of the child is actively 
                engaged in services to address the reasons the child 
                entered care (including treatment for substance use 
                disorder, mental health concerns, or parenting skills), 
                if based principally on the incarceration of a parent, 
                or if based principally on the detention of the parent 
                by the Department of Homeland Security or the 
                deportation of the parent;''.

SEC. 4. EXPANSION OF PURPOSES OF COURT IMPROVEMENT 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 requirements in the 
                        Act related to concurrent planning'';
                    (C) in subparagraph (B), by striking ``and'' at the 
                end;
                    (D) in subparagraph (C), by adding ``and'' at the 
                end; and
                    (E) by adding at the end the following:
                    ``(D) to increase access to high quality legal 
                representation at all stages of a child welfare case 
                for all parties to the case, including the children, 
                the parents of the children, and, where applicable, 
                kinship care providers and Indian tribes;''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Applications.--In order to be eligible to receive 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 (including 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 provide for 
the training of judicial officers, attorneys, 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 home, and shall submit 
to the Secretary an application at such time, in such form, and 
including such information and assurances as the Secretary may require, 
including--
            ``(1) a description of how courts and child welfare 
        agencies on the local and State levels will use not less than 
        30 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 
        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 officers, 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
            ``(4) a demonstration of meaningful and ongoing 
        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, 2021, immediately after the 
amendments made by section 305(b) of division CC of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) take effect.
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