1. Short title This Act may be cited as the 21st Century Children and Families Act . 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