AR
Arkansas House Bill HB1669

Arkansas 2025 Regular Session

Arkansas House Bill HB1669 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 509 of the Regular Session
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5-State of Arkansas As Engrossed: S3/20/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1669 3
86 4
97 By: Representative Bentley 5
108 By: Senator A. Clark 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO CREATE THE KEEP KIDS FIRST ACT; TO PROVIDE 9
1412 FOR PROTECTIONS FROM DISCRIMINATION FOR ADOPTION AND 10
1513 FOSTER CARE PROVIDERS ACTING IN ACCORDANCE WITH 11
1614 SINCERELY HELD RELIGIOUS BELIEFS; TO PROVIDE A 12
1715 VEHICLE FOR RECOVERY BY ADOPTION AND FOSTER CARE 13
1816 PROVIDERS ACTING IN ACCORDANCE WITH SINCERELY HELD 14
1917 RELIGIOUS BELIEFS WHEN CERTAIN DISCRIMINATORY ACTIONS 15
2018 ARE TAKEN AGAINST THE FAITH -BASED ADOPTION AND FOSTER 16
2119 CARE PROVIDERS; AND FOR OTHER PURPOSES. 17
2220 18
2321 19
2422 Subtitle 20
2523 TO CREATE THE KEEP KIDS FIRST ACT; AND 21
2624 TO PROVIDE FOR PROTECTIONS FROM 22
2725 DISCRIMINATION FOR ADOPTION AND FOSTER 23
2826 CARE PROVIDERS ACTING IN ACCORDANCE WITH 24
2927 SINCERELY HELD RELIGIOUS BELIEFS. 25
3028 26
3129 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
3230 28
3331 SECTION 1. DO NOT CODIFY. Title. 29
3432 This act shall be known and may be cited as the "Keep Kids First Act". 30
3533 31
3634 SECTION 2. DO NOT CODIFY. Legislative findings. 32
3735 (a) The General Assembly finds and declares that: 33
3836 (1) The State of Arkansas seeks to place children in a safe, 34
3937 loving, and supportive home when it must place a child with an adoptive or 35
40-foster family; 36 As Engrossed: S3/20/25 HB1669
38+foster family; 36 HB1669
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4541 (2) The adoption and foster care agencies of the State of 1
4642 Arkansas represent diverse organizations and groups, some of which are faith -2
4743 based and some of which are not faith -based, and faith-based organizations 3
4844 and groups have a lengthy and distinguished history of providing adoption and 4
4945 foster care services in the State of Arkansas; 5
5046 (3) The United States Supreme Court has recognized the benefits 6
5147 of having more, not fewer, adoption and foster care providers, stating that 7
5248 "[m]aximizing the number of foster families and minimizing liability are 8
5349 important goals, but the City fails to show that granting CSS an exception 9
5450 will put those goals at risk. If anything, including CSS in the program 10
5551 seems likely to increase, not reduce, the number of available foster 11
5652 parents." Fulton v. City of Philadelphia, 593 U.S. 522, 541 —42; 12
5753 (4)(A) Private child placement agencies and individuals, 13
5854 including faith-based child placement agencies and individuals, have the 14
5955 right to the free exercise of religion under both the Arkansas Constitution 15
6056 and the United States Constitution. 16
6157 (B) Under well-settled principles of constitutional law, 17
6258 free exercise of religion includes the freedom to abstain from conduct that 18
6359 conflicts with child placement agencies' sincerely held religious beliefs; 19
6460 and 20
6561 (5) Ensuring that faith -based child placement agencies can 21
6662 continue to provide adoption and foster care services will benefit the 22
6763 children and families who receive those services. 23
6864 (b) Therefore, the General Assembly declares that the Keep Kids First 24
6965 Act is necessary to ensure that faith -based adoption and foster care 25
7066 providers remain free to serve children in need and work with the State of 26
7167 Arkansas to find loving, forever homes for children. 27
7268 28
7369 SECTION 3. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended 29
7470 to add an additional section to read as follows: 30
7571 9-28-417. Child welfare agencies — Conscience clause — Claim or 31
7672 defense. 32
7773 (a) As used in this section: 33
7874 (1) "Discriminatory action" means any action taken by state 34
7975 government to: 35
80- (A) Alter in any way the tax treatment of, or cause any 36 As Engrossed: S3/20/25 HB1669
76+ (A) Alter in any way the tax treatment of, or cause any 36 HB1669
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8579 tax, penalty, or payment to be assessed against, or deny, delay, revoke, or 1
8680 otherwise make unavailable an exemption from taxation of a person whom the 2
8781 state government places custody of a foster or preadoptive child with; 3
8882 (B) Disallow, deny, or otherwise make unavailable a 4
8983 deduction for state tax purposes of any charitable contribution made to or by 5
9084 a person whom the state government places custody of a foster or preadoptive 6
9185 child with; 7
9286 (C) Withhold, reduce, exclude, terminate, materially alter 8
9387 the terms or conditions of, or otherwise make unavailable or deny any state 9
9488 grant, contract, subcontract, cooperative agreement, guarantee, loan, 10
9589 scholarship, or other similar benefit from or to a person whom the state 11
9690 government places custody of a foster or preadoptive child with ; 12
9791 (D) Withhold, reduce, exclude, terminate, adversely alter 13
9892 the terms or conditions of, or otherwise make unavailable or deny any 14
9993 entitlement or benefit under a state benefit program from or to a person whom 15
10094 the state government places custody of a foster or preadoptive child with ; 16
10195 (E) Impose, levy, or assess a monetary fine, fee, penalty, 17
10296 damages award, or injunction on a person whom the state government places 18
10397 custody of a foster or preadoptive child with ; 19
10498 (F) Withhold, reduce, exclude, terminate, materially alter 20
10599 the terms or conditions of, or otherwise make unavailable or deny any 21
106100 license, certification, accreditation, custody award or agreement, diploma, 22
107101 grade, recognition, or other similar benefit, position, or status from or to 23
108102 a person whom the state government places custody of a foster or preadoptive 24
109103 child with; or 25
110104 (G) Refuse to hire or promote, force to resign, fire, 26
111105 demote, sanction, discipline, adversely alter the terms or conditions of 27
112106 employment, or retaliate or take other adverse employment action against a a 28
113107 person whom the state government places custody of a foster or preadoptive 29
114108 child with and who is employed or commissioned by the state government; and 30
115109 (2) "State government" means: 31
116110 (A) The state or a political subdivision of the state, 32
117111 including without limitation a court; 33
118112 (B) Any agency of the state or an agency of a political 34
119113 subdivision of the state, including without limitation a: 35
120- (i) Board; 36 As Engrossed: S3/20/25 HB1669
114+ (i) Board; 36 HB1669
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125117 (ii) Bureau; 1
126118 (iii) Commission; 2
127119 (iv) Council; 3
128120 (v) Department; 4
129121 (vi) Division; or 5
130122 (vii) Office; 6
131123 (C) Any city, county, local government, special district, 7
132124 or combination thereof; 8
133125 (D) Any person acting under color of state law; or 9
134126 (E) Any private person suing under or attempting to 10
135127 enforce a law, rule, or regulation adopted by the state or a political 11
136128 subdivision of the state. 12
137129 (b)(1) The state government shall not require any private child 13
138130 placement agency to perform, assist, counsel, recommend, consent to, refer, 14
139131 or participate in any placement of a child for foster care or adoption when 15
140132 the proposed placement would violate the private child placement agency's 16
141133 sincerely held religious or moral beliefs. 17
142134 (2)(A) The state government shall not take any discriminatory 18
143135 action against a person whom the state government places custody of a foster 19
144136 or preadoptive child with, whether in whole or in part, based on the 20
145137 person's: 21
146138 (i) Sincerely held religious belief, or intent to 22
147139 guide, instruct, or raise a child, based upon or in a manner that is 23
148140 consistent with that person's sincerely held religious belief; or 24
149141 (ii) Refusal to accept or support any government 25
150142 policy regarding sexual orientation or gender identity that conflicts with 26
151143 the person's sincerely held religious beliefs. 27
152144 (B) The state government shall not establish or enforce 28
153145 any per se standard, rule, or policy that precludes consideration of a 29
154146 current or prospective foster or preadoptive parent for any particular 30
155147 placement based in whole or in part on the person's sincerely held religious 31
156148 beliefs regarding sexual orientation or gender identity. 32
157149 (C) Nothing in subdivision (b)(2)(A) or subdivision 33
158150 (b)(2)(B) shall: 34
159151 (i) Alter the fact that, in accordance with § 9 -28-35
160-106, the state government may consider whether a person shares the same 36 As Engrossed: S3/20/25 HB1669
152+106, the state government may consider whether a person shares the same 36 HB1669
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165155 religious background as a foster or preadoptive child's genetic parent when 1
166156 considering placement of the child to prioritize placement with a person of 2
167157 the same religious background or, if a person with the same or similar 3
168158 religious background is not available, to a person of a different religious 4
169159 background that is knowledgeable and appreciative of the child's religious 5
170160 background; 6
171161 (ii) Preclude the state government from taking into 7
172162 consideration the religious or moral beliefs of a particular foster or 8
173163 preadoptive child, or his or her family of origin, when determining the most 9
174164 appropriate placement for the child, including without limitation religious 10
175165 or moral beliefs regarding sexual orientation and gender identity and how 11
176166 those beliefs relate to the religious or moral beliefs of a prospective 12
177167 foster or preadoptive parent; or 13
178168 (iii) Be construed to prohibit the state government 14
179169 from making, or relieving the state government from its duty to make, all 15
180170 individual placements consistent with the best interests of the child as 16
181171 otherwise required by law. 17
182172 (3)(A) The state government shall not take any adverse action 18
183173 against a person whom the state grants custody of a foster child or grants 19
184174 adoption of an adoptive child, or who seeks from the state custody of a 20
185175 foster child or adoption of an adoptive child, wholly or partially on the 21
186176 basis that the person guides, instructs, or raises a child, or intends to 22
187177 guide, instruct, or raise a child, based upon or in a manner consistent with 23
188178 a sincerely held religious belief. 24
189179 (B) However, in accordance with § 9 -28-106, the state 25
190180 government may consider whether a person shares the same religious background 26
191181 as a foster or adoptive child's genetic parent or parents when considering 27
192182 placement of the child in order to prioritize placement of the child with a 28
193183 person of the same religious background or, if a person with the same or 29
194184 similar religious background is not available, with a person of a different 30
195185 religious background who is knowledgeable and appreciative of the child's 31
196186 religious background. 32
197187 (c)(1) A person may assert a violation of this section as a claim 33
198188 against the state government in any judicial or administrative proceeding or 34
199189 as a defense in any judicial or administrative proceeding without regard to 35
200-whether the proceeding is brought by or in the name of the state government, 36 As Engrossed: S3/20/25 HB1669
190+whether the proceeding is brought by or in the name of the state government, 36 HB1669
201191
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205193 any private person, or any other party. 1
206194 (2) Refusal of a private child placement agency to perform, 2
207195 assist, counsel, recommend, consent to, refer, or participate in a child 3
208196 placement that violates the private child placement agency's religious or 4
209197 moral convictions shall not form the basis for the imposition of civil 5
210198 liability, other adverse administrative action, or any claim or cause of 6
211199 action under any state or local law. 7
212200 (3) Notwithstanding any other provision of law, an action under 8
213201 this section may be commenced, and relief may be granted, without regard to 9
214202 whether the person commencing the action has sought or exhausted available 10
215203 administrative remedies. 11
216204 (d)(1) Any person who successfully asserts a claim or defense under 12
217205 this section may recover: 13
218206 (A) Declaratory relief; 14
219207 (B) Injunctive relief to prevent or remedy a violation of 15
220208 this section or the effects of a violation of this section; 16
221209 (C) Compensatory damages; 17
222210 (D) Reasonable attorneys' fees and costs; and 18
223211 (E) Any other appropriate relief. 19
224- (2) Notwithstanding subsection (e) of this section, only 20
212+ (2) Notwithstanding subdivision (e)(1) of this section, only 20
225213 declaratory relief and injunctive relief shall be available to recover 21
226214 against a private person not acting under color of state law if there is a 22
227215 successful assertion of a defense under this section. 23
228- (e) Sovereign, governmental, and qualified immunities to suit and from 24
229-liability are waived and abolished to the extent of liability created by 25
216+ (e)(1) Sovereign, governmental, and qualified immunities to suit and 24
217+from liability are waived and abolished to the extent of liability created by 25
230218 subsection (d) of this section. 26
231- (f)(1) The protection of free exercise of religious beliefs afforded 27
232-by this section are in addition to existing protections under federal law, 28
233-state law, the Arkansas Constitution, and the United States Constitution. 29
234- (2) Nothing in this section shall be construed to: 30
235- (A) Preempt or repeal any state or local law that is 31
236-equally or more protective of free exercise of religious beliefs; 32
237- (B) Narrow the meaning or application of any state or 33
238-local law protecting free exercise of religious beliefs; or 34
239- (C) Prevent the state government from providing, either 35
240-directly or through an individual or entity not seeking protection under this 36 As Engrossed: S3/20/25 HB1669
219+ (2) A person may sue the state government, except for state 27
220+courts, for damages allowed under subsection (d) of this section. 28
221+ (f) A person must bring an action to assert a claim under this section 29
222+no later than two (2) years after the date that the person knew or should 30
223+have known that a discriminatory action was taken against the person. 31
224+ (g)(1) This section shall be construed in favor of a broad protection 32
225+of free exercise of religious beliefs to the maximum extent permitted under 33
226+the Arkansas Constitution and the United States Constitution. 34
227+ (2)(A) The protection of free exercise of religious beliefs 35
228+afforded by this section are in addition to existing protections under 36 HB1669
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245-section, any benefit or service authorized under state law. 1
246- 2
247- SECTION 4. DO NOT CODIFY. Severability. 3
248- If any provision of this section or any application of such provision 4
249-to any particular person or circumstance is held to be invalid under law, the 5
250-remainder of this section and the application of its provisions to any other 6
251-person or circumstance shall not be affected. 7
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256-APPROVED: 4/10/25 12
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231+federal law, state law, the Arkansas Constitution, and the United States 1
232+Constitution. 2
233+ (B) Nothing in this section shall be construed to: 3
234+ (i) Preempt or repeal any state or local law that is 4
235+equally or more protective of free exercise of religious beliefs; 5
236+ (ii) Narrow the meaning or application of any state 6
237+or local law protecting free exercise of religious beliefs; or 7
238+ (iii) Prevent the state government from providing, 8
239+either directly or through an individual or entity not seeking protection 9
240+under this section, any benefit or service authorized under state law. 10
241+ (3)(A) This section applies to, and in case of conflict, 11
242+supersedes each statute of the State of Arkansas that impinges upon the free 12
243+exercise of religious beliefs and moral convictions protected by this 13
244+section, unless a conflicting statute is expressly made exempt from the 14
245+application of this section. 15
246+ (B) This section also applies to, and, in case of 16
247+conflict, supersedes any ordinance, rule, regulation, order, opinion, 17
248+decision, practice, or other exercise of the state government's authority 18
249+that impinges upon the free exercise of religious beliefs protected by this 19
250+section. 20
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252+ SECTION 4. DO NOT CODIFY. Severability. 22
253+ If any provision of this section or any application of such provision 23
254+to any particular person or circumstance is held to be invalid under law, the 24
255+remainder of this section and the application of its provisions to any other 25
256+person or circumstance shall not be affected. 26
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