| 2 | | - | AN ACT concerning children and minors; relating to the secretary for children and |
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| 3 | | - | families; prohibiting the secretary from adopting and enforcing policies for |
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| 4 | | - | placement, custody or appointment of a custodian that may conflict with sincerely |
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| 5 | | - | held religious or moral beliefs regarding sexual orientation or gender identity; |
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| 6 | | - | creating a right of action for violations against the secretary for children and families. |
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| 3 | + | By Committee on Child Welfare and Foster Care |
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| 4 | + | Requested by Representative Humphries |
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| 5 | + | 2-6 |
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| 6 | + | AN ACT concerning children and minors; relating to the secretary for |
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| 7 | + | children and families; prohibiting the secretary from adopting and |
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| 8 | + | enforcing policies for placement, custody or appointment of a custodian |
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| 9 | + | that may conflict with sincerely held religious or moral beliefs |
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| 10 | + | regarding sexual orientation or gender identity; creating a right of |
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| 11 | + | action for violations. |
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| 8 | | - | Section 1. (a) The secretary for children and families shall not |
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| 9 | | - | adopt, implement or enforce a policy for selection as an out-of-home or |
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| 10 | | - | adoptive placement or custody for adoption, appointment as a |
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| 11 | | - | permanent or SOUL custodian or licensure under K.S.A. 65-501 et |
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| 12 | | - | seq., and amendments thereto, that: |
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| 13 | | - | (1) Requires a person to affirm, accept or support any |
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| 14 | | - | governmental policy regarding sexual orientation or gender identity |
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| 15 | | - | that may conflict with the person's sincerely held religious or moral |
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| 16 | | - | beliefs; or |
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| 17 | | - | (2) prohibits selection, appointment or licensure, if otherwise |
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| 18 | | - | eligible, of a person because of such person's sincerely held religious or |
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| 19 | | - | moral beliefs regarding sexual orientation or gender identity or intent to |
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| 20 | | - | guide or instruct a child consistent with such beliefs. |
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| 13 | + | Section 1. (a) The secretary for children and families shall not adopt, |
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| 14 | + | implement or enforce a policy for selection as an out-of-home or adoptive |
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| 15 | + | placement or custody for adoption, appointment as a permanent or SOUL |
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| 16 | + | custodian or licensure under K.S.A. 65-501 et seq., and amendments |
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| 17 | + | thereto, that: |
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| 18 | + | (1) Requires a person to affirm, accept or support any governmental |
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| 19 | + | policy regarding sexual orientation or gender identity that may conflict |
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| 20 | + | with the person's sincerely held religious or moral beliefs; or |
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| 21 | + | (2) prohibits selection, appointment or licensure, if otherwise eligible, |
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| 22 | + | of a person because of such person's sincerely held religious or moral |
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| 23 | + | beliefs regarding sexual orientation or gender identity or intent to guide or |
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| 24 | + | instruct a child consistent with such beliefs. |
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| 23 | | - | beliefs of a child or the child's biological family or community, |
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| 24 | | - | including, but not limited to, beliefs regarding sexual orientation and |
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| 25 | | - | gender identity, in relation to the religious or moral beliefs of a person |
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| 26 | | - | selected or being considered for placement, custody or appointment, |
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| 27 | | - | when determining whether an out-of-home or adoptive placement, |
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| 28 | | - | custody for adoption or appointment of a custodian is in the best |
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| 29 | | - | interests of the child; or |
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| 27 | + | beliefs of a child or the child's biological family or community, including, |
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| 28 | + | but not limited to, beliefs regarding sexual orientation and gender identity, |
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| 29 | + | in relation to the religious or moral beliefs of a person selected or being |
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| 30 | + | considered for placement, custody or appointment, when determining |
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| 31 | + | whether an out-of-home or adoptive placement, custody for adoption or |
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| 32 | + | appointment of a custodian is in the best interests of the child; or |
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| 31 | | - | adoptive placements, custody for adoption or appointments of a |
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| 32 | | - | custodian in the best interests of the child as otherwise required by law. |
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| 33 | | - | (c) (1) A person aggrieved by a violation of subsection (a) may |
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| 34 | | - | recover actual damages, injunctive relief, costs and reasonable attorney |
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| 35 | | - | fees from the department for children and families. |
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| 36 | | - | (2) The department for children and families shall be liable for any |
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| 37 | | - | action taken by a contractor that violates this section. |
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| 38 | | - | (3) No action for a violation of subsection (a) shall be brought |
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| 39 | | - | against an entity that contracts with the department. |
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| 34 | + | adoptive placements, custody for adoption or appointments of a custodian |
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| 35 | + | in the best interests of the child as otherwise required by law. |
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| 36 | + | (c) A person aggrieved by a violation of subsection (a) may recover |
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| 37 | + | actual and punitive damages, injunctive relief, costs and reasonable |
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| 38 | + | attorney fees. |
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