; 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