Relating to certain sincerely held religious or moral beliefs of child foster care providers and prospective adoptive parents

This bill relates to certain sincerely held religious or moral beliefs (beliefs) of child foster care providers and prospective adoptive parents. The bill prohibits the department of health and human services (HHS) from requiring an individual licensee (foster parent) to affirm, accept, or support a policy related to sexual orientation (orientation) or gender identity (identity) that conflicts with the foster parent’s beliefs, or precluding a person from providing child foster care as a foster parent based, in whole or in part, on the person’s beliefs related to orientation or identity, including but not limited to the foster parent’s intent to guide, instruct, or raise a child in a manner consistent with the foster parent’s beliefs. The bill prohibits HHS, and HHS’s designees, from adopting a standard, policy, or rule that precludes a foster parent from being considered as a child’s child foster care provider based on the foster parent’s beliefs related to orientation or identity. The bill is not to be interpreted to preclude HHS or HHS’s designee from taking into account the beliefs, including beliefs related to orientation and identity, of a child and the child’s family of origin as compared to the beliefs of a potential child foster care provider when determining the most appropriate placement for the child consistent with the best interests of the child. The bill allows a current or prospective child foster care provider to bring an action asserting a violation of the bill. A court may provide a plaintiff injunctive relief, declaratory relief, or other relief as the court deems appropriate, and may award reasonable attorney fees and costs. An action alleging a violation of the bill may be commenced regardless of whether the current or prospective child foster care provider exhausted available administrative remedies. The attorney general may bring an action to enforce the bill. The bill contains provisions related to prospective adoptive parents that are similar to the prohibitions and actionable rights related to current and prospective child foster care providers.