{As Amended by House Committee of the Whole}
Session of 2025
HOUSE BILL No. 2311
By Committee on Child Welfare and Foster Care
Requested by Representative Humphries
2-6
AN ACT concerning children and minors; relating to the secretary for
children and families; prohibiting the secretary from adopting and
enforcing policies for placement, custody or appointment of a custodian
that may conflict with sincerely held religious or moral beliefs
regarding sexual orientation or gender identity; creating a right of
action for violations {against the secretary for children and
families}.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The secretary for children and families shall not adopt,
implement or enforce a policy for selection as an out-of-home or adoptive
placement or custody for adoption, appointment as a permanent or SOUL
custodian or licensure under K.S.A. 65-501 et seq., and amendments
thereto, that:
(1) Requires a person to affirm, accept or support any governmental
policy regarding sexual orientation or gender identity that may conflict
with the person's sincerely held religious or moral beliefs; or
(2) prohibits selection, appointment or licensure, if otherwise eligible,
of a person because of such person's sincerely held religious or moral
beliefs regarding sexual orientation or gender identity or intent to guide or
instruct a child consistent with such beliefs.
(b) This section shall not be construed to:
(1) Prohibit the secretary from considering the religious or moral
beliefs of a child or the child's biological family or community, including,
but not limited to, beliefs regarding sexual orientation and gender identity,
in relation to the religious or moral beliefs of a person selected or being
considered for placement, custody or appointment, when determining
whether an out-of-home or adoptive placement, custody for adoption or
appointment of a custodian is in the best interests of the child; or
(2) prohibit or relieve the secretary from making out-of-home or
adoptive placements, custody for adoption or appointments of a custodian
in the best interests of the child as otherwise required by law.
(c) {(1)} A person aggrieved by a violation of subsection (a) may
recover actual and punitive damages, injunctive relief, costs and
reasonable attorney fees {from the department for children and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 HB 2311—Am. by HCW 2
families.
(2) The department for children and families shall be liable for
any action taken by a contractor that violates this section.}
{(3) No action for a violation of subsection (a) shall be brought
against an entity that contracts with the department}.
(d) This section shall be a part of and supplemental to the revised
Kansas code for care of children.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9