Senate File 473 H-8370 Amend Senate File 473, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 237.10, Code 2026, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 9A. a. The department shall not do any of 7 the following: 8 (1) Require an individual licensee or approved kinship 9 caregiver to affirm, accept, or support a policy that conflicts 10 with the person’s sincerely held religious or moral beliefs. 11 (2) Preclude a person from being licensed as an individual 12 licensee or approved as an approved kinship caregiver based 13 on the person’s sincerely held religious or moral beliefs, 14 including but not limited to the person’s intent to guide, 15 instruct, or raise a child in a manner consistent with the 16 person’s sincerely held religious or moral beliefs. 17 b. (1) The department, and the department’s designees, 18 shall not adopt a standard, policy, or rule that precludes an 19 individual licensee or an approved kinship caregiver from being 20 considered as a possible placement for any child based on the 21 person’s sincerely held religious or moral beliefs. 22 (2) This paragraph shall not preclude the department, 23 or the department’s designee, from taking into account the 24 sincerely held moral and religious beliefs of a child and the 25 child’s family of origin as compared to the sincerely held 26 moral and religious beliefs of a potential individual licensee 27 or approved kinship caregiver when determining the most 28 appropriate placement for the child consistent with the best 29 interests of the child. 30 c. (1) A current or prospective individual licensee or 31 approved kinship caregiver may bring an action asserting 32 a violation of this subsection. A court may provide the 33 current or prospective individual licensee or approved kinship 34 caregiver injunctive relief, declaratory relief, or other 35 -1- SF 473.4034 (1) 91 dg/ko 1/ 4 #1.
relief as the court deems appropriate, and may award reasonable 1 attorney fees and costs. 2 (2) The attorney general may bring an action to enforce this 3 subsection. 4 Sec. 2. Section 600.7A, Code 2026, is amended to read as 5 follows: 6 600.7A Adoption services provided by or through the 7 department —— selection of adoptive parent criteria. 8 1. The department shall adopt rules which provide that if 9 adoption services are provided by or through the department, 10 notwithstanding any other selection of adoptive parent 11 criteria, the overriding criterion shall be a preference for 12 placing a child in a stable home environment as expeditiously 13 as possible. 14 2. a. The department shall not do any of the following: 15 (1) Require a prospective adoptive parent to affirm, 16 accept, or support a policy that conflicts with the person’s 17 sincerely held religious or moral beliefs. 18 (2) Preclude a person from being qualified as a prospective 19 adoptive parent based on the person’s sincerely held religious 20 or moral beliefs, including but not limited to the person’s 21 intent to guide, instruct, or raise a child in a manner 22 consistent with the person’s sincerely held religious or moral 23 beliefs. 24 b. (1) The department, and the department’s designees, 25 shall not adopt a standard, policy, or rule that precludes 26 a person from being considered as any child’s prospective 27 adoptive parent based on the person’s sincerely held religious 28 or moral beliefs. 29 (2) This paragraph shall not preclude the department from 30 taking into account the sincerely held moral and religious 31 beliefs of a child and the child’s family of origin as 32 compared to the sincerely held moral and religious beliefs 33 of a prospective adoptive parent when determining the most 34 appropriate placement for the child consistent with the best 35 -2- SF 473.4034 (1) 91 dg/ko 2/ 4
interests of the child. 1 c. (1) A prospective adoptive parent may bring an action 2 asserting a violation of this subsection. A court may provide 3 a prospective adoptive parent injunctive relief, declaratory 4 relief, or other relief as the court deems appropriate, and may 5 award reasonable attorney fees and costs. 6 (2) The attorney general may bring an action to enforce this 7 subsection. 8 Sec. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— CHILD 9 FOSTER CARE AND ADOPTION SERVICES —— DEPARTMENT REVIEW OF 10 RELIGIOUS ORGANIZATIONS. 11 1. The department of health and human services shall 12 adopt rules pursuant to chapter 17A to amend the department’s 13 rules relating to child foster care and adoption recruitment, 14 retention, training, and support services to provide, unless 15 otherwise provided by federal law or regulation, that an 16 entity that holds itself out to the public as a religious 17 organization as defined in section 13C.1, and that has a 18 contract, subcontract, or other agreement with the department 19 or an agent of the department to provide child foster care 20 or adoption services, shall not be required to provide the 21 contracted, subcontracted, or other agreed upon services in a 22 manner inconsistent with the religious organization’s sincerely 23 held religious beliefs. 24 2. a. This section shall not prohibit the department from 25 determining the best interests of a child in the provision of 26 child foster care, as that term is defined in section 237.1, or 27 adoption services to the child. 28 b. This section shall not relieve the department of the 29 department’s duty to determine the best interests of a child in 30 the provision of child foster care or adoption services to the 31 child. > 32 2. Title page, line 1, by striking < certain > 33 -3- SF 473.4034 (1) 91 dg/ko 3/ 4
______________________________ LOHSE of Polk -4- SF 473.4034 (1) 91 dg/ko 4/ 4