Bill > A1232

Introduced Session

This bill requires that a private adoption agency, a court, or the Division of Child Protection and Permanency maintain the continuity of a child's religious upbringing when placing a child in the custody of a guardian, into foster care, or into an adoptive home, so far as maintaining the continuity of the child's religious upbringing is possible. The bill permits agencies and courts to place a child in a setting of a different religion only in the case of a written statement from the child's birth parent or legal guardian, or in the case that such a placement is not feasible or not in the child's best interest, in which case a written statement is required that explains the placement decision. In such cases, the bill requires that provisions be made for the child to continue the his religious observance, education, and training in the new setting. A child's religious and cultural backgrounds are significant aspects of determining the best interests of the child. The placement of a child into foster care or into the adoption process should be consistent with the child's religious and cultural backgrounds unless it is proven by clear and convincing evidence that such placement is not in keeping with the analysis of the best interests of the child. The religion of a child should not be changed irrespective of the placement into foster care or into the adoption process. Reasonable, but tangible, effort should be made by an agency or court placing a child in an adoptive home, a resource family home, or the custody of any person or institution to ensure the continuity of the child's religious upbringing.

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Gary Schaer (D)*, 

Introduced, Referred to Assembly Women and Children Committee (on 01/14/2020)