HOUSE BILL No. 2311
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 damages, injunctive relief, costs and reasonable attorney
fees from the department for children and 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. HOUSE BILL No. 2311—page 2
Sec. 2. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.