IN
Indiana Senate Bill SB0239

Indiana 2025 Regular Session

Indiana Senate Bill SB0239 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 239
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 31-9-2; IC 31-19-30.
77 Synopsis: Child welfare provider protections. Prohibits the state from
88 discriminating against adoption agencies, foster parents, or adoptive
99 parents on the basis of religious beliefs. Defines certain terms. Waives
1010 sovereign immunity for purposes of the prohibition, except that state
1111 courts retain immunity. Allows suit under these provisions without
1212 exhausting administrative remedies. Provides for a private right of
1313 action and civil remedies.
1414 Effective: July 1, 2025.
1515 Johnson T
1616 January 14, 2025, read first time and referred to Committee on Family and Children
1717 Services.
1818 2025 IN 239—LS 6253/DI 148 Introduced
1919 First Regular Session of the 124th General Assembly (2025)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2024 Regular Session of the General Assembly.
2929 SENATE BILL No. 239
3030 A BILL FOR AN ACT to amend the Indiana Code concerning
3131 family law and juvenile law.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 31-9-2-3.2 IS ADDED TO THE INDIANA CODE
3434 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3535 3 1, 2025]: Sec. 3.2. "Adoption or foster care", "adoption service",
3636 4 or "foster care service", for purposes of IC 31-19-30, means the
3737 5 following provided to, or on behalf of, a child:
3838 6 (1) Promoting foster parenting.
3939 7 (2) Providing foster homes, residential care, group homes, or
4040 8 temporary group shelters for children.
4141 9 (3) Recruiting foster parents.
4242 10 (4) Placing children in foster homes.
4343 11 (5) Licensing foster homes or adoptive parents.
4444 12 (6) Certifying foster homes or adoptive parents.
4545 13 (7) Promoting adoption or recruiting adoptive parents.
4646 14 (8) Assisting adoptions or supporting adoptive families.
4747 15 (9) Performing or assisting home studies.
4848 16 (10) Assisting kinship guardianships or kinship caregivers.
4949 17 (11) Providing family preservation services.
5050 2025 IN 239—LS 6253/DI 148 2
5151 1 (12) Providing family support services.
5252 2 (13) Providing temporary family reunification services.
5353 3 (14) Assisting abused or neglected children eligible for
5454 4 adoption or placement in a foster home.
5555 5 (15) Teaching children and adoptive or foster care parents
5656 6 occupational, homemaking, and other domestic skills.
5757 7 SECTION 2. IC 31-9-2-40.7 IS ADDED TO THE INDIANA CODE
5858 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5959 9 1, 2025]: Sec. 40.7. "Discriminate", for purposes of IC 31-19-30,
6060 10 includes the following:
6161 11 (1) Altering the tax treatment of, or causing any tax, penalty,
6262 12 or payment to be assessed against, a person.
6363 13 (2) Disallowing, denying, or otherwise making unavailable:
6464 14 (A) an exemption from taxation; or
6565 15 (B) a charitable contribution deduction.
6666 16 (3) Withholding, reducing, excluding, terminating, adversely
6767 17 altering the terms or conditions of, or denying:
6868 18 (A) a state grant, contract, subcontract, cooperative
6969 19 agreement, guarantee, loan, scholarship, or other similar
7070 20 benefit;
7171 21 (B) an entitlement or benefit under a state benefit
7272 22 program; or
7373 23 (C) a license, certification, accreditation, custody award or
7474 24 agreement, diploma, grade, recognition, or other similar
7575 25 benefit, position, or status.
7676 26 (4) Imposing, levying, or assessing any of the following:
7777 27 (A) A monetary fine.
7878 28 (B) A fee.
7979 29 (C) A penalty.
8080 30 (D) A damages award.
8181 31 (E) An injunction.
8282 32 (5) Refusing to hire or promote, forcing to resign, firing,
8383 33 demoting, sanctioning, disciplining, materially altering the
8484 34 terms or conditions of employment, or retaliating or taking
8585 35 any other adverse employment action against a person.
8686 36 SECTION 3. IC 31-9-2-89, AS AMENDED BY P.L.3-2016,
8787 37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8888 38 JULY 1, 2025]: Sec. 89. (a) "Person", for purposes of IC 31-19-19,
8989 39 IC 31-19-25, and the juvenile law, means:
9090 40 (1) a human being;
9191 41 (2) a corporation;
9292 42 (3) a limited liability company;
9393 2025 IN 239—LS 6253/DI 148 3
9494 1 (4) a partnership;
9595 2 (5) an unincorporated association; or
9696 3 (6) a governmental entity.
9797 4 (b) "Person", for purposes of section 44.5 of this chapter, means an
9898 5 adult or a minor.
9999 6 (c) "Person", for purposes of IC 31-27, means an individual who is
100100 7 at least twenty-one (21) years of age, a corporation, a partnership, a
101101 8 voluntary association, or other entity.
102102 9 (d) "Person", for purposes of the Uniform Child Custody
103103 10 Jurisdiction Act under IC 31-21, has the meaning set forth in
104104 11 IC 31-21-2-13.
105105 12 (e) "Person", for purposes of the Uniform Interstate Family Support
106106 13 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
107107 14 (f) "Person", for purposes of IC 31-19-30, means any of the
108108 15 following:
109109 16 (1) A human being.
110110 17 (2) A corporation.
111111 18 (3) A limited liability company.
112112 19 (4) A partnership.
113113 20 (5) An unincorporated association.
114114 21 SECTION 4. IC 31-9-2-119, AS AMENDED BY P.L.206-2015,
115115 22 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116116 23 JULY 1, 2025]: Sec. 119. (a) "State", for purposes of the Uniform
117117 24 Child Custody Jurisdiction Act under IC 31-21, has the meaning set
118118 25 forth in IC 31-21-2-19.
119119 26 (b) "State", for purposes of the Uniform Interstate Family Support
120120 27 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
121121 28 (c) "State", for purposes of the Interstate Compact on Adoption
122122 29 Assistance under IC 31-19-29, has the meaning set forth in
123123 30 IC 31-19-29-2.
124124 31 (d) "State", for purposes of the Interstate Compact on Juveniles
125125 32 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
126126 33 (e) "State", for purposes of IC 31-19-30, includes the following:
127127 34 (1) A political subdivision (as defined in IC 36-1-2-13).
128128 35 (2) An agency of the state, including the following:
129129 36 (A) A department.
130130 37 (B) A bureau.
131131 38 (C) A board.
132132 39 (D) A commission.
133133 40 (E) A council.
134134 41 (F) A court.
135135 42 (3) Any person acting under color of state law.
136136 2025 IN 239—LS 6253/DI 148 4
137137 1 (4) Any private individual suing under, or attempting to
138138 2 enforce:
139139 3 (A) a law;
140140 4 (B) an ordinance;
141141 5 (C) a rule; or
142142 6 (D) a regulation;
143143 7 adopted by the state or a political subdivision (as defined in
144144 8 IC 36-1-2-13).
145145 9 SECTION 5. IC 31-9-2-119.5 IS ADDED TO THE INDIANA
146146 10 CODE AS A NEW SECTION TO READ AS FOLLOWS
147147 11 [EFFECTIVE JULY 1, 2025]: Sec. 119.5. "State benefit program",
148148 12 for purposes of section 40.7 of this chapter and IC 31-19-30, means
149149 13 any program administered, controlled, or funded by the state, or
150150 14 an agent on behalf of the state, that provides:
151151 15 (1) cash;
152152 16 (2) payments;
153153 17 (3) grants;
154154 18 (4) contracts;
155155 19 (5) loans; or
156156 20 (6) in kind assistance.
157157 21 SECTION 6. IC 31-19-30 IS ADDED TO THE INDIANA CODE
158158 22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
159159 23 JULY 1, 2025]:
160160 24 Chapter 30. Child Welfare Provider Protection
161161 25 Sec. 1. (a) This chapter must be construed and applied in favor
162162 26 of a broad protection of the free exercise of religious beliefs.
163163 27 (b) The protection provided by this chapter supplements the
164164 28 protection provided under federal law, the Constitution of the
165165 29 United States, state law, and the Constitution of the State of
166166 30 Indiana.
167167 31 (c) This chapter applies to the state (as defined in
168168 32 IC 31-9-2-119(e)).
169169 33 (d) This chapter does not do the following:
170170 34 (1) Preempt or repeal a state or local law or ordinance that is
171171 35 equally or more protective.
172172 36 (2) Narrow the meaning or application of a state or local law
173173 37 or ordinance protecting free exercise of religious beliefs.
174174 38 (3) Prevent the state from providing any benefit or service
175175 39 authorized under state law, whether directly or through an
176176 40 individual or entity that is not seeking relief under this
177177 41 chapter.
178178 42 Sec. 2. (a) The state shall not discriminate against a person that
179179 2025 IN 239—LS 6253/DI 148 5
180180 1 advertises, provides, or facilitates adoption or foster care because
181181 2 the person decides to provide or not to provide:
182182 3 (1) an adoption service;
183183 4 (2) a foster care service; or
184184 5 (3) a related service;
185185 6 based on the person's sincerely held religious belief.
186186 7 (b) Except as provided in subsection (c), the state shall not
187187 8 discriminate against a person to which the state grants custody of
188188 9 a foster or adoptive child, or that seeks custody of a foster or
189189 10 adoptive child, because of the person's intended or actual:
190190 11 (1) guidance;
191191 12 (2) instruction; or
192192 13 (3) upbringing;
193193 14 of the child based on the person's sincerely held religious belief.
194194 15 (c) The state may consider whether a person shares the same
195195 16 religion or faith tradition as a foster or adoptive child when
196196 17 considering placement of the child to prioritize the adoptive child's
197197 18 placement with a person of the same religion or faith tradition.
198198 19 Sec. 3. (a) The state shall consider a person to be licensed,
199199 20 accredited, or certified if the person has been denied licensure,
200200 21 accreditation, or certification under state law because:
201201 22 (1) of the person's sincerely held religious belief; or
202202 23 (2) the person:
203203 24 (A) maintains policies and procedures; or
204204 25 (B) acts;
205205 26 in accordance with a sincerely held religious belief.
206206 27 (b) The state may not deny a contract, grant, or agreement
207207 28 because of a person's religion or faith based policies.
208208 29 Sec. 4. (a) A person may assert a claim against the state under
209209 30 this chapter:
210210 31 (1) in a judicial proceeding;
211211 32 (2) in an administrative proceeding; or
212212 33 (3) as a defense, regardless of whether the proceeding is
213213 34 brought:
214214 35 (A) by or in the name of the state;
215215 36 (B) by a private person; or
216216 37 (C) by another party.
217217 38 (b) A person is not required to:
218218 39 (1) seek administrative relief; or
219219 40 (2) exhaust administrative remedies;
220220 41 before bringing a claim under this chapter.
221221 42 Sec. 5. (a) Except as provided in subsection (b), a person may
222222 2025 IN 239—LS 6253/DI 148 6
223223 1 sue the state under this chapter.
224224 2 (b) A person may not sue a state court.
225225 3 Sec. 6. A person must assert a claim or defense under this
226226 4 chapter not later than two (2) years after the date that the person
227227 5 knew or should have known that the claim or defense existed.
228228 6 Sec. 7. (a) Except as provided in subsection (b), a person that
229229 7 successfully asserts a claim or defense under this chapter may
230230 8 recover:
231231 9 (1) declaratory relief;
232232 10 (2) injunctive relief;
233233 11 (3) compensatory damages;
234234 12 (4) reasonable attorney's fees and costs; and
235235 13 (5) other appropriate relief.
236236 14 (b) A person that successfully asserts a claim or defense under
237237 15 this chapter against a private person acting under color of state
238238 16 law may only recover the following:
239239 17 (1) Declaratory relief.
240240 18 (2) Injunctive relief.
241241 19 Sec. 8. (a) Except as provided in subsection (b), if a conflict
242242 20 arises between this chapter and a provision of:
243243 21 (1) the Indiana Code;
244244 22 (2) an ordinance;
245245 23 (3) a rule or regulation;
246246 24 (4) an order, opinion, or decision; or
247247 25 (5) any other exercise of state authority that impinges on the
248248 26 protections provided by this chapter;
249249 27 this chapter is controlling.
250250 28 (b) This chapter is not controlling if a conflicting provision
251251 29 expressly provides otherwise.
252252 2025 IN 239—LS 6253/DI 148