Iowa 2025-2026 Regular Session

Iowa Senate Bill SF473 Latest Draft

Bill / Amended Version Filed 03/25/2025

                            Senate File 473 - Reprinted   SENATE FILE 473   BY COMMITTEE ON HEALTH AND   HUMAN SERVICES   (SUCCESSOR TO SF 236)   (As Amended and Passed by the Senate March 25, 2025 )   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   SF 473 (4) 91   dg/ko/mb  

  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-   SF 473 (4) 91   dg/ko/mb   1/ 3   

  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   e. For purposes of this subsection, gender identity means 5   the same as defined in section 279.78, and sexual orientation 6   means the same as defined in section 216.2. 7   Sec. 2. Section 600.7A, Code 2025, is amended to read as 8   follows: 9   600.7A Adoption services provided by or through the 10   department  selection of adoptive parent criteria. 11   1.   The department shall adopt rules which provide that if 12   adoption services are provided by or through the department, 13   notwithstanding any other selection of adoptive parent 14   criteria, the overriding criterion shall be a preference for 15   placing a child in a stable home environment as expeditiously 16   as possible. 17   2.   a. The department shall not do any of the following: 18   (1)   Require a prospective adoptive parent to affirm, 19   accept, or support a policy related to sexual orientation or 20   gender identity that conflicts with the persons sincerely held   21   religious or moral beliefs. 22   (2)   Preclude a person from being qualified as a prospective 23   adoptive parent based, in whole or in part, on the persons 24   sincerely held religious or moral beliefs related to sexual 25   orientation or gender identity, including but not limited to 26   the persons intent to guide, instruct, or raise a child in a 27   manner consistent with the persons sincerely held religious   28   or moral beliefs. 29   b.   The department, and the departments designees, shall 30   not adopt a standard, policy, or rule that precludes a person 31   from being considered as a childs prospective adoptive parent   32   based, in whole or in part, on the persons sincerely held   33   religious or moral beliefs related to sexual orientation or   34   gender identity. 35   -2-   SF 473 (4) 91   dg/ko/mb   2/ 3                               

  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