Bill

Bill > HB2311


KS HB2311

Prohibiting the secretary from adopting and enforcing policies for placement, custody and appointment of a custodian that may conflict with sincerely held religious or moral beliefs regarding sexual orientation or gender identity and creating a right of action for violations.


summary

Introduced
02/06/2025
In Committee
03/18/2025
Crossed Over
02/20/2025
Passed
03/27/2025
Dead
Vetoed
04/10/2025
Veto Overridden
04/10/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT concerning children and minors; relating to the secretary for children and families; prohibiting the secretary from adopting and enforcing policies for placement, custody or appointment of a custodian that may conflict with sincerely held religious or moral beliefs regarding sexual orientation or gender identity; creating a right of action for violations against the secretary for children and families.

AI Summary

This bill aims to protect the religious and moral beliefs of potential foster, adoptive, or custodial parents by preventing the Kansas Department for Children and Families (DCF) from implementing policies that would require individuals to affirm or support governmental policies about sexual orientation or gender identity that conflict with their sincerely held beliefs. Specifically, the bill prohibits the secretary from adopting policies that would prevent a person from being selected, appointed, or licensed as a foster, adoptive, or custodial parent solely based on their religious or moral beliefs regarding sexual orientation or gender identity. The bill does allow the DCF to consider the religious or moral beliefs of both the child and potential caregivers when determining the best interests of the child. If someone believes the DCF has violated these provisions, they may sue to recover actual damages, injunctive relief, costs, and attorney fees. The department would also be liable for any violations by its contractors, though contractors themselves cannot be sued. Importantly, the bill does not prevent the DCF from making placements that are in the best interests of the child, but it provides additional protection for individuals whose religious or moral beliefs might previously have disqualified them from being foster or adoptive parents.

Committee Categories

Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Child Welfare and Foster Care (H)

Last Action

Senate Motion to override veto prevailed; Yea: 31 Nay: 9 (on 04/10/2025)

bill text


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bill summary

Document Type Source Location
State Bill Page https://kslegislature.gov/li/b2025_26/measures/hb2311/
BillText https://kslegislature.gov/li/b2025_26/measures/documents/hb2311_enrolled.pdf
BillText https://kslegislature.gov/li/b2025_26/measures/documents/hb2311_02_0000.pdf
Senate Committee on Public Health and Welfare Report https://kslegislature.gov/li/b2025_26/measures/documents/cr_2025_hb2311_s_2027.pdf
Analysis - Supplemental Note: As Amended by Senate Committee https://kslegislature.gov/li/b2025_26/measures/documents/supp_note_hb2311_02_0000.pdf
BillText https://kslegislature.gov/li/b2025_26/measures/documents/hb2311_01_0000.pdf
House Floor Amendment (Committee of the Whole - Motion to Amend - Offered by Representative Ruiz, S.) https://kslegislature.gov/li/b2025_26/measures/documents/fa_2025_hb2311_h_1560.pdf
House Floor Amendment (Committee of the Whole - Motion to Amend - Offered by Representative Howerton) https://kslegislature.gov/li/b2025_26/measures/documents/fa_2025_hb2311_h_1573.pdf
Analysis - Supplemental Note: {As Amended by House Committee of the Whole} https://kslegislature.gov/li/b2025_26/measures/documents/supp_note_hb2311_01_0000.pdf
Analysis - Supplemental Note: As introduced https://kslegislature.gov/li/b2025_26/measures/documents/supp_note_hb2311_00_0000.pdf
House Committee on Child Welfare and Foster Care Report https://kslegislature.gov/li/b2025_26/measures/documents/cr_2025_hb2311_h_1461.pdf
Fiscal Note - Ficsal Note: As introduced https://kslegislature.gov/li/b2025_26/measures/documents/fisc_note_hb2311_00_0000.pdf
BillText https://kslegislature.gov/li/b2025_26/measures/documents/hb2311_00_0000.pdf
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