Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1669 3
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By: Representative Bentley 5
By: Senator A. Clark 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE KEEP KIDS FIRST ACT; TO PROVIDE 9
FOR PROTECTIONS FROM DISCRIMINATION FOR ADOPTION AND 10
FOSTER CARE PROVIDERS ACTING IN ACCORDANCE WITH 11
SINCERELY HELD RELIGIOUS BELIEFS; TO PROVIDE A 12
VEHICLE FOR RECOVERY BY ADOPTION AND FOSTER CARE 13
PROVIDERS ACTING IN ACCORDANCE WITH SINCERELY HELD 14
RELIGIOUS BELIEFS WHEN CERTAIN DISCRIMINATORY ACTIONS 15
ARE TAKEN AGAINST THE FAITH -BASED ADOPTION AND FOSTER 16
CARE PROVIDERS; AND FOR OTHER PURPOSES. 17
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Subtitle 20
TO CREATE THE KEEP KIDS FIRST ACT; AND 21
TO PROVIDE FOR PROTECTIONS FROM 22
DISCRIMINATION FOR ADOPTION AND FOSTER 23
CARE PROVIDERS ACTING IN ACCORDANCE WITH 24
SINCERELY HELD RELIGIOUS BELIEFS. 25
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
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SECTION 1. DO NOT CODIFY. Title. 29
This act shall be known and may be cited as the "Keep Kids First Act". 30
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SECTION 2. DO NOT CODIFY. Legislative findings. 32
(a) The General Assembly finds and declares that: 33
(1) The State of Arkansas seeks to place children in a safe, 34
loving, and supportive home when it must place a child with an adoptive or 35
foster family; 36 HB1669
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(2) The adoption and foster care agencies of the State of 1
Arkansas represent diverse organizations and groups, some of which are faith -2
based and some of which are not faith -based, and faith-based organizations 3
and groups have a lengthy and distinguished history of providing adoption and 4
foster care services in the State of Arkansas; 5
(3) The United States Supreme Court has recognized the benefits 6
of having more, not fewer, adoption and foster care providers, stating that 7
"[m]aximizing the number of foster families and minimizing liability are 8
important goals, but the City fails to show that granting CSS an exception 9
will put those goals at risk. If anything, including CSS in the program 10
seems likely to increase, not reduce, the number of available foster 11
parents." Fulton v. City of Philadelphia, 593 U.S. 522, 541 —42; 12
(4)(A) Private child placement agencies and individuals, 13
including faith-based child placement agencies and individuals, have the 14
right to the free exercise of religion under both the Arkansas Constitution 15
and the United States Constitution. 16
(B) Under well-settled principles of constitutional law, 17
free exercise of religion includes the freedom to abstain from conduct that 18
conflicts with child placement agencies' sincerely held religious beliefs; 19
and 20
(5) Ensuring that faith -based child placement agencies can 21
continue to provide adoption and foster care services will benefit the 22
children and families who receive those services. 23
(b) Therefore, the General Assembly declares that the Keep Kids First 24
Act is necessary to ensure that faith -based adoption and foster care 25
providers remain free to serve children in need and work with the State of 26
Arkansas to find loving, forever homes for children. 27
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SECTION 3. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended 29
to add an additional section to read as follows: 30
9-28-417. Child welfare agencies — Conscience clause — Claim or 31
defense. 32
(a) As used in this section: 33
(1) "Discriminatory action" means any action taken by state 34
government to: 35
(A) Alter in any way the tax treatment of, or cause any 36 HB1669
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tax, penalty, or payment to be assessed against, or deny, delay, revoke, or 1
otherwise make unavailable an exemption from taxation of a person whom the 2
state government places custody of a foster or preadoptive child with; 3
(B) Disallow, deny, or otherwise make unavailable a 4
deduction for state tax purposes of any charitable contribution made to or by 5
a person whom the state government places custody of a foster or preadoptive 6
child with; 7
(C) Withhold, reduce, exclude, terminate, materially alter 8
the terms or conditions of, or otherwise make unavailable or deny any state 9
grant, contract, subcontract, cooperative agreement, guarantee, loan, 10
scholarship, or other similar benefit from or to a person whom the state 11
government places custody of a foster or preadoptive child with ; 12
(D) Withhold, reduce, exclude, terminate, adversely alter 13
the terms or conditions of, or otherwise make unavailable or deny any 14
entitlement or benefit under a state benefit program from or to a person whom 15
the state government places custody of a foster or preadoptive child with ; 16
(E) Impose, levy, or assess a monetary fine, fee, penalty, 17
damages award, or injunction on a person whom the state government places 18
custody of a foster or preadoptive child with ; 19
(F) Withhold, reduce, exclude, terminate, materially alter 20
the terms or conditions of, or otherwise make unavailable or deny any 21
license, certification, accreditation, custody award or agreement, diploma, 22
grade, recognition, or other similar benefit, position, or status from or to 23
a person whom the state government places custody of a foster or preadoptive 24
child with; or 25
(G) Refuse to hire or promote, force to resign, fire, 26
demote, sanction, discipline, adversely alter the terms or conditions of 27
employment, or retaliate or take other adverse employment action against a a 28
person whom the state government places custody of a foster or preadoptive 29
child with and who is employed or commissioned by the state government; and 30
(2) "State government" means: 31
(A) The state or a political subdivision of the state, 32
including without limitation a court; 33
(B) Any agency of the state or an agency of a political 34
subdivision of the state, including without limitation a: 35
(i) Board; 36 HB1669
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(ii) Bureau; 1
(iii) Commission; 2
(iv) Council; 3
(v) Department; 4
(vi) Division; or 5
(vii) Office; 6
(C) Any city, county, local government, special district, 7
or combination thereof; 8
(D) Any person acting under color of state law; or 9
(E) Any private person suing under or attempting to 10
enforce a law, rule, or regulation adopted by the state or a political 11
subdivision of the state. 12
(b)(1) The state government shall not require any private child 13
placement agency to perform, assist, counsel, recommend, consent to, refer, 14
or participate in any placement of a child for foster care or adoption when 15
the proposed placement would violate the private child placement agency's 16
sincerely held religious or moral beliefs. 17
(2)(A) The state government shall not take any discriminatory 18
action against a person whom the state government places custody of a foster 19
or preadoptive child with, whether in whole or in part, based on the 20
person's: 21
(i) Sincerely held religious belief, or intent to 22
guide, instruct, or raise a child, based upon or in a manner that is 23
consistent with that person's sincerely held religious belief; or 24
(ii) Refusal to accept or support any government 25
policy regarding sexual orientation or gender identity that conflicts with 26
the person's sincerely held religious beliefs. 27
(B) The state government shall not establish or enforce 28
any per se standard, rule, or policy that precludes consideration of a 29
current or prospective foster or preadoptive parent for any particular 30
placement based in whole or in part on the person's sincerely held religious 31
beliefs regarding sexual orientation or gender identity. 32
(C) Nothing in subdivision (b)(2)(A) or subdivision 33
(b)(2)(B) shall: 34
(i) Alter the fact that, in accordance with § 9 -28-35
106, the state government may consider whether a person shares the same 36 HB1669
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religious background as a foster or preadoptive child's genetic parent when 1
considering placement of the child to prioritize placement with a person of 2
the same religious background or, if a person with the same or similar 3
religious background is not available, to a person of a different religious 4
background that is knowledgeable and appreciative of the child's religious 5
background; 6
(ii) Preclude the state government from taking into 7
consideration the religious or moral beliefs of a particular foster or 8
preadoptive child, or his or her family of origin, when determining the most 9
appropriate placement for the child, including without limitation religious 10
or moral beliefs regarding sexual orientation and gender identity and how 11
those beliefs relate to the religious or moral beliefs of a prospective 12
foster or preadoptive parent; or 13
(iii) Be construed to prohibit the state government 14
from making, or relieving the state government from its duty to make, all 15
individual placements consistent with the best interests of the child as 16
otherwise required by law. 17
(3)(A) The state government shall not take any adverse action 18
against a person whom the state grants custody of a foster child or grants 19
adoption of an adoptive child, or who seeks from the state custody of a 20
foster child or adoption of an adoptive child, wholly or partially on the 21
basis that the person guides, instructs, or raises a child, or intends to 22
guide, instruct, or raise a child, based upon or in a manner consistent with 23
a sincerely held religious belief. 24
(B) However, in accordance with § 9 -28-106, the state 25
government may consider whether a person shares the same religious background 26
as a foster or adoptive child's genetic parent or parents when considering 27
placement of the child in order to prioritize placement of the child with a 28
person of the same religious background or, if a person with the same or 29
similar religious background is not available, with a person of a different 30
religious background who is knowledgeable and appreciative of the child's 31
religious background. 32
(c)(1) A person may assert a violation of this section as a claim 33
against the state government in any judicial or administrative proceeding or 34
as a defense in any judicial or administrative proceeding without regard to 35
whether the proceeding is brought by or in the name of the state government, 36 HB1669
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any private person, or any other party. 1
(2) Refusal of a private child placement agency to perform, 2
assist, counsel, recommend, consent to, refer, or participate in a child 3
placement that violates the private child placement agency's religious or 4
moral convictions shall not form the basis for the imposition of civil 5
liability, other adverse administrative action, or any claim or cause of 6
action under any state or local law. 7
(3) Notwithstanding any other provision of law, an action under 8
this section may be commenced, and relief may be granted, without regard to 9
whether the person commencing the action has sought or exhausted available 10
administrative remedies. 11
(d)(1) Any person who successfully asserts a claim or defense under 12
this section may recover: 13
(A) Declaratory relief; 14
(B) Injunctive relief to prevent or remedy a violation of 15
this section or the effects of a violation of this section; 16
(C) Compensatory damages; 17
(D) Reasonable attorneys' fees and costs; and 18
(E) Any other appropriate relief. 19
(2) Notwithstanding subdivision (e)(1) of this section, only 20
declaratory relief and injunctive relief shall be available to recover 21
against a private person not acting under color of state law if there is a 22
successful assertion of a defense under this section. 23
(e)(1) Sovereign, governmental, and qualified immunities to suit and 24
from liability are waived and abolished to the extent of liability created by 25
subsection (d) of this section. 26
(2) A person may sue the state government, except for state 27
courts, for damages allowed under subsection (d) of this section. 28
(f) A person must bring an action to assert a claim under this section 29
no later than two (2) years after the date that the person knew or should 30
have known that a discriminatory action was taken against the person. 31
(g)(1) This section shall be construed in favor of a broad protection 32
of free exercise of religious beliefs to the maximum extent permitted under 33
the Arkansas Constitution and the United States Constitution. 34
(2)(A) The protection of free exercise of religious beliefs 35
afforded by this section are in addition to existing protections under 36 HB1669
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federal law, state law, the Arkansas Constitution, and the United States 1
Constitution. 2
(B) Nothing in this section shall be construed to: 3
(i) Preempt or repeal any state or local law that is 4
equally or more protective of free exercise of religious beliefs; 5
(ii) Narrow the meaning or application of any state 6
or local law protecting free exercise of religious beliefs; or 7
(iii) Prevent the state government from providing, 8
either directly or through an individual or entity not seeking protection 9
under this section, any benefit or service authorized under state law. 10
(3)(A) This section applies to, and in case of conflict, 11
supersedes each statute of the State of Arkansas that impinges upon the free 12
exercise of religious beliefs and moral convictions protected by this 13
section, unless a conflicting statute is expressly made exempt from the 14
application of this section. 15
(B) This section also applies to, and, in case of 16
conflict, supersedes any ordinance, rule, regulation, order, opinion, 17
decision, practice, or other exercise of the state government's authority 18
that impinges upon the free exercise of religious beliefs protected by this 19
section. 20
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SECTION 4. DO NOT CODIFY. Severability. 22
If any provision of this section or any application of such provision 23
to any particular person or circumstance is held to be invalid under law, the 24
remainder of this section and the application of its provisions to any other 25
person or circumstance shall not be affected. 26
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