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
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473.4034
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91
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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
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473.4034
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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
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of
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