LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6253 NOTE PREPARED: Nov 12, 2024
BILL NUMBER: SB 239 BILL AMENDED:
SUBJECT: Child Welfare Provider Protections.
FIRST AUTHOR: Sen. Johnson T BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill prohibits the state from discriminating against adoption agencies, foster
parents, or adoptive parents on the basis of religious beliefs. The bill also defines certain terms.
The bill waives sovereign immunity for purposes of the prohibition, except that state courts retain immunity.
It allows suit under these provisions without exhausting administrative remedies. It also provides for a private
right of action and civil remedies.
Effective Date: July 1, 2025.
Explanation of State Expenditures: IC 34-13-9 may provide enough protections for adoption agencies,
foster parents, or adoptive parents concerning their sincerely held religious beliefs. Any increase in the
number of civil filings that would not be covered under current law is expected to be minor.
If additional civil cases are filed against the state, the workload of the Attorney General would increase to
represent the state in court. The bill’s requirements are within the agency’s routine administrative functions
and should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels.
Additionally, if a court determines the state has performed discriminatory practices based on religious
beliefs, state expenditures could increase depending on awards made by the courts to plaintiffs. Increases
in state expenditures are indeterminable.
Explanation of State Revenues: If additional civil cases occur and court fees are collected, revenue to the
state General Fund will increase. The total revenue per case would range between $100 and $122. The
amount deposited will vary depending on whether the case is filed in a court of record or a municipal court.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
Explanation of Local Expenditures: If additional civil cases are filed against certain local units of
SB 239 1 government, local workload could increase to address litigation. Additionally, if a court determines a local
unit has performed discriminatory practices based on religious beliefs, local expenditures could increase
depending on awards made by the courts to plaintiffs. Increases in local expenditures are indeterminable.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected: DCS, Attorney General.
Local Agencies Affected: Municipalities and special taxing districts.
Information Sources: Indiana Attorney General, Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 239 2