SF 236 (LSB 2019XS (5) 91)

SENATE FILE 236

BY  SALMON

A BILL FOR

An Act relating to certain sincerely held religious or moral beliefs of child foster care providers and prospective adoptive parents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 237.10, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  a.  The department shall not do any of the following:
   (1)  Require an individual licensee to affirm, accept, or support a policy related to sexual orientation or gender identity that conflicts with the person’s sincerely held religious or moral beliefs.
   (2)  Preclude a person from providing child foster care as an individual licensee based, in whole or in part, on the person’s sincerely held religious or moral beliefs related to sexual orientation or gender identity, including but not limited to the person’s intent to guide, instruct, or raise a child in a manner consistent with the person’s sincerely held religious or moral beliefs.
   b.  The department, and the department’s designees, shall not adopt a standard, policy, or rule that precludes an individual licensee from being considered as a child’s child foster care provider based, in whole or in part, on the person’s sincerely held religious or moral beliefs related to sexual orientation or gender identity.
   c.  This subsection shall not be interpreted to preclude the department, or the department’s designee, from taking into account the sincerely held moral and religious beliefs, including but not limited to the sincerely held moral and religious beliefs related to sexual orientation and gender identity, of a child and the child’s family of origin as compared to the sincerely held moral and religious 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.
   d.  (1)  A current or prospective child foster care provider may bring an action asserting a violation of this subsection. A court may provide the current or prospective child foster care provider injunctive relief, declaratory relief, or other relief as the court deems appropriate, and may award reasonable attorney fees and costs.
   (2)  Notwithstanding chapter 17A, an action under this paragraph may be commenced regardless of whether a current or prospective child foster care provider exhausted all available administrative remedies.
   (3)  The attorney general may bring an action to enforce this subsection.
    Sec. 2.  Section 600.7A, Code 2025, is amended to read as follows:
   600.7A  Adoption services provided by or through the department —— selection of adoptive parent criteria.
   1.  The department shall adopt rules which provide that if adoption services are provided by or through the department, notwithstanding any other selection of adoptive parent criteria, the overriding criterion shall be a preference for placing a child in a stable home environment as expeditiously as possible.
   2.  a.  The department shall not do any of the following:
   (1)  Require a prospective adoptive parent to affirm, accept, or support a policy related to sexual orientation or gender identity that conflicts with the person’s sincerely held religious or moral beliefs.
   (2)  Preclude a person from being qualified as a prospective adoptive parent based, in whole or in part, on the person’s sincerely held religious or moral beliefs related to sexual orientation or gender identity, including but not limited to the person’s intent to guide, instruct, or raise a child in a manner consistent with the person’s sincerely held religious or moral beliefs.
   b.  The department, and the department’s designees, shall not adopt a standard, policy, or rule that precludes a person from being considered as a child’s prospective adoptive parent based, in whole or in part, on the person’s sincerely held religious or moral beliefs related to sexual orientation or gender identity.
   c.  This subsection shall not be interpreted to preclude the department from taking into account the sincerely held moral and religious beliefs, including sincerely held moral and religious beliefs related to sexual orientation and gender identity, of a child and the child’s family of origin as compared to the sincerely held moral and religious beliefs of a prospective adoptive parent when determining the most appropriate placement for the child consistent with the best interests of the child.
   d.  (1)  A prospective adoptive parent may bring an action asserting a violation of this subsection. A court may provide a prospective adoptive parent injunctive relief, declaratory relief, or other relief as the court deems appropriate, and may award reasonable attorney fees and costs.
   (2)  Notwithstanding chapter 17A, an action under this paragraph may be commenced regardless of whether a prospective adoptive parent exhausted all available administrative remedies.
   (3)  The attorney general may bring an action to enforce this subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   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.