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| 1 | - | Senate File 473 - | |
| 1 | + | Senate File 473 - Introduced SENATE FILE 473 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO SF 236) A BILL FOR An Act relating to certain sincerely held religious or moral 1 beliefs of child foster care providers and prospective 2 adoptive parents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2019SV (3) 91 dg/ko | |
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| 3 | - | S.F. 473 Section 1. Section 237.10, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. a. The department shall not do any of 3 the following: 4 (1) Require an individual licensee to affirm, accept, 5 or support a policy related to sexual orientation or gender 6 identity that conflicts with the persons sincerely held 7 religious or moral beliefs. 8 (2) Preclude a person from providing child foster care as an 9 individual licensee based, in whole or in part, on the persons 10 sincerely held religious or moral beliefs related to sexual 11 orientation or gender identity, including but not limited to 12 the persons intent to guide, instruct, or raise a child in a 13 manner consistent with the persons sincerely held religious 14 or moral beliefs. 15 b. The department, and the departments designees, shall not 16 adopt a standard, policy, or rule that precludes an individual 17 licensee from being considered as a childs child foster care 18 provider based, in whole or in part, on the persons sincerely 19 held religious or moral beliefs related to sexual orientation 20 or gender identity. 21 c. This subsection shall not be interpreted to preclude 22 the department, or the departments designee, from taking 23 into account the sincerely held moral and religious beliefs, 24 including but not limited to the sincerely held moral and 25 religious beliefs related to sexual orientation and gender 26 identity, of a child and the childs family of origin as 27 compared to the sincerely held moral and religious beliefs of a 28 potential child foster care provider when determining the most 29 appropriate placement for the child consistent with the best 30 interests of the child. 31 d. (1) A current or prospective child foster care provider 32 may bring an action asserting a violation of this subsection. 33 A court may provide the current or prospective child foster 34 care provider injunctive relief, declaratory relief, or other 35 -1- | |
| 3 | + | S.F. 473 Section 1. Section 237.10, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. a. The department shall not do any of 3 the following: 4 (1) Require an individual licensee to affirm, accept, 5 or support a policy related to sexual orientation or gender 6 identity that conflicts with the persons sincerely held 7 religious or moral beliefs. 8 (2) Preclude a person from providing child foster care as an 9 individual licensee based, in whole or in part, on the persons 10 sincerely held religious or moral beliefs related to sexual 11 orientation or gender identity, including but not limited to 12 the persons intent to guide, instruct, or raise a child in a 13 manner consistent with the persons sincerely held religious 14 or moral beliefs. 15 b. The department, and the departments designees, shall not 16 adopt a standard, policy, or rule that precludes an individual 17 licensee from being considered as a childs child foster care 18 provider based, in whole or in part, on the persons sincerely 19 held religious or moral beliefs related to sexual orientation 20 or gender identity. 21 c. This subsection shall not be interpreted to preclude 22 the department, or the departments designee, from taking 23 into account the sincerely held moral and religious beliefs, 24 including but not limited to the sincerely held moral and 25 religious beliefs related to sexual orientation and gender 26 identity, of a child and the childs family of origin as 27 compared to the sincerely held moral and religious beliefs of a 28 potential child foster care provider when determining the most 29 appropriate placement for the child consistent with the best 30 interests of the child. 31 d. (1) A current or prospective child foster care provider 32 may bring an action asserting a violation of this subsection. 33 A court may provide the current or prospective child foster 34 care provider injunctive relief, declaratory relief, or other 35 -1- LSB 2019SV (3) 91 dg/ko 1/ 4 | |
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| 5 | - | S.F. 473 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 | |
| 5 | + | S.F. 473 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 2025, 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 related to sexual orientation or 17 gender identity that conflicts with the persons sincerely held 18 religious or moral beliefs. 19 (2) Preclude a person from being qualified as a prospective 20 adoptive parent based, in whole or in part, on the persons 21 sincerely held religious or moral beliefs related to sexual 22 orientation or gender identity, including but not limited to 23 the persons intent to guide, instruct, or raise a child in a 24 manner consistent with the persons sincerely held religious 25 or moral beliefs. 26 b. The department, and the departments designees, shall 27 not adopt a standard, policy, or rule that precludes a person 28 from being considered as a childs prospective adoptive parent 29 based, in whole or in part, on the persons sincerely held 30 religious or moral beliefs related to sexual orientation or 31 gender identity. 32 c. This subsection shall not be interpreted to preclude 33 the department from taking into account the sincerely held 34 moral and religious beliefs, including sincerely held moral 35 -2- LSB 2019SV (3) 91 dg/ko 2/ 4 | |
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| 7 | - | S.F. 473 c. This subsection shall not be interpreted to preclude 1 the department from taking into account the sincerely held 2 moral and religious beliefs, including sincerely held moral 3 and religious beliefs related to sexual orientation and gender 4 identity, of a child and the childs family of origin as 5 compared to the sincerely held moral and religious beliefs 6 of a prospective adoptive parent when determining the most 7 appropriate placement for the child consistent with the best 8 interests of the child. 9 d. (1) A prospective adoptive parent may bring an action 10 asserting a violation of this subsection. A court may provide 11 a prospective adoptive parent injunctive relief, declaratory 12 relief, or other relief as the court deems appropriate, and may 13 award reasonable attorney fees and costs. 14 (2) The attorney general may bring an action to enforce this 15 subsection. 16 e. For purposes of this subsection, gender identity means 17 the same as defined in section 279.78, and sexual orientation 18 means the same as defined in section 216.2. 19 -3- SF 473 (4) 91 dg/ko/mb 3/ 3 | |
| 7 | + | S.F. 473 and religious beliefs related to sexual orientation and gender 1 identity, of a child and the childs family of origin as 2 compared to the sincerely held moral and religious beliefs 3 of a prospective adoptive parent when determining the most 4 appropriate placement for the child consistent with the best 5 interests of the child. 6 d. (1) A prospective adoptive parent may bring an action 7 asserting a violation of this subsection. A court may provide 8 a prospective adoptive parent injunctive relief, declaratory 9 relief, or other relief as the court deems appropriate, and may 10 award reasonable attorney fees and costs. 11 (2) The attorney general may bring an action to enforce this 12 subsection. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanations substance by the members of the general assembly. 16 This bill relates to certain sincerely held religious or 17 moral beliefs (beliefs) of child foster care providers and 18 prospective adoptive parents. 19 The bill prohibits the department of health and human 20 services (HHS) from requiring an individual licensee (foster 21 parent) to affirm, accept, or support a policy related to 22 sexual orientation (orientation) or gender identity (identity) 23 that conflicts with the foster parents beliefs, or precluding 24 a person from providing child foster care as a foster parent 25 based, in whole or in part, on the persons beliefs related 26 to orientation or identity, including but not limited to the 27 foster parents intent to guide, instruct, or raise a child in 28 a manner consistent with the foster parents beliefs. 29 The bill prohibits HHS, and HHSs designees, from adopting 30 a standard, policy, or rule that precludes a foster parent 31 from being considered as a childs child foster care provider 32 based on the foster parents beliefs related to orientation or 33 identity. 34 The bill is not to be interpreted to preclude HHS or HHSs 35 -3- LSB 2019SV (3) 91 dg/ko 3/ 4 | |
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| 9 | + | S.F. 473 designee from taking into account the beliefs, including 1 beliefs related to orientation and identity, of a child and 2 the childs family of origin as compared to the beliefs of a 3 potential child foster care provider when determining the most 4 appropriate placement for the child consistent with the best 5 interests of the child. 6 The bill allows a current or prospective child foster care 7 provider to bring an action asserting a violation of the bill. 8 A court may provide a plaintiff injunctive relief, declaratory 9 relief, or other relief as the court deems appropriate, and may 10 award reasonable attorney fees and costs. The attorney general 11 may bring an action to enforce the bill. 12 The bill contains provisions related to prospective adoptive 13 parents that are similar to the prohibitions and actionable 14 rights related to current and prospective child foster care 15 providers. 16 -4- LSB 2019SV (3) 91 dg/ko 4/ 4 |