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Bill > SB0239


IN SB0239

IN SB0239
Child welfare provider protections.


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Child welfare provider protections. Prohibits the state from discriminating against adoption agencies, foster parents, or adoptive parents on the basis of religious beliefs. Defines certain terms. Waives sovereign immunity for purposes of the prohibition, except that state courts retain immunity. Allows suit under these provisions without exhausting administrative remedies. Provides for a private right of action and civil remedies.

AI Summary

This bill establishes comprehensive protections for child welfare providers who make decisions based on religious beliefs. The legislation defines "adoption or foster care services" broadly, including activities like promoting foster parenting, recruiting foster parents, placing children in homes, licensing, certifying, and supporting adoptive families. The bill prohibits the state from discriminating against child welfare providers who choose to provide or not provide services based on sincerely held religious beliefs. This protection extends to licensing, accreditation, contracts, and custody considerations. The bill allows providers to sue the state if they face discrimination, with potential remedies including declaratory relief, injunctive relief, compensatory damages, and attorney's fees. Providers can bring claims in judicial or administrative proceedings without first exhausting administrative remedies, and they have two years from the date they knew of potential discrimination to file a claim. The legislation explicitly states that it must be construed to broadly protect religious freedom and supplements existing federal and state constitutional protections. Importantly, the bill does not prevent the state from providing services through providers who do not seek religious exemptions, and it allows some consideration of religious matching when placing children in adoptive or foster homes.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

First reading: referred to Committee on Family and Children Services (on 01/14/2025)

bill text


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