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Senate
File
236
-
Introduced
SENATE
FILE
236
BY
SALMON
A
BILL
FOR
An
Act
relating
to
certain
sincerely
held
religious
or
moral
1
beliefs
of
child
foster
care
providers
and
prospective
2
adoptive
parents.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
237.10,
Code
2025,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9A.
a.
The
department
shall
not
do
any
of
3
the
following:
4
(1)
Require
an
individual
licensee
to
affirm,
accept,
5
or
support
a
policy
related
to
sexual
orientation
or
gender
6
identity
that
conflicts
with
the
person’s
sincerely
held
7
religious
or
moral
beliefs.
8
(2)
Preclude
a
person
from
providing
child
foster
care
as
an
9
individual
licensee
based,
in
whole
or
in
part,
on
the
person’s
10
sincerely
held
religious
or
moral
beliefs
related
to
sexual
11
orientation
or
gender
identity,
including
but
not
limited
to
12
the
person’s
intent
to
guide,
instruct,
or
raise
a
child
in
a
13
manner
consistent
with
the
person’s
sincerely
held
religious
14
or
moral
beliefs.
15
b.
The
department,
and
the
department’s
designees,
shall
not
16
adopt
a
standard,
policy,
or
rule
that
precludes
an
individual
17
licensee
from
being
considered
as
a
child’s
child
foster
care
18
provider
based,
in
whole
or
in
part,
on
the
person’s
sincerely
19
held
religious
or
moral
beliefs
related
to
sexual
orientation
20
or
gender
identity.
21
c.
This
subsection
shall
not
be
interpreted
to
preclude
22
the
department,
or
the
department’s
designee,
from
taking
23
into
account
the
sincerely
held
moral
and
religious
beliefs,
24
including
but
not
limited
to
the
sincerely
held
moral
and
25
religious
beliefs
related
to
sexual
orientation
and
gender
26
identity,
of
a
child
and
the
child’s
family
of
origin
as
27
compared
to
the
sincerely
held
moral
and
religious
beliefs
of
a
28
potential
child
foster
care
provider
when
determining
the
most
29
appropriate
placement
for
the
child
consistent
with
the
best
30
interests
of
the
child.
31
d.
(1)
A
current
or
prospective
child
foster
care
provider
32
may
bring
an
action
asserting
a
violation
of
this
subsection.
33
A
court
may
provide
the
current
or
prospective
child
foster
34
care
provider
injunctive
relief,
declaratory
relief,
or
other
35
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236
relief
as
the
court
deems
appropriate,
and
may
award
reasonable
1
attorney
fees
and
costs.
2
(2)
Notwithstanding
chapter
17A,
an
action
under
this
3
paragraph
may
be
commenced
regardless
of
whether
a
current
or
4
prospective
child
foster
care
provider
exhausted
all
available
5
administrative
remedies.
6
(3)
The
attorney
general
may
bring
an
action
to
enforce
this
7
subsection.
8
Sec.
2.
Section
600.7A,
Code
2025,
is
amended
to
read
as
9
follows:
10
600.7A
Adoption
services
provided
by
or
through
the
11
department
——
selection
of
adoptive
parent
criteria.
12
1.
The
department
shall
adopt
rules
which
provide
that
if
13
adoption
services
are
provided
by
or
through
the
department,
14
notwithstanding
any
other
selection
of
adoptive
parent
15
criteria,
the
overriding
criterion
shall
be
a
preference
for
16
placing
a
child
in
a
stable
home
environment
as
expeditiously
17
as
possible.
18
2.
a.
The
department
shall
not
do
any
of
the
following:
19
(1)
Require
a
prospective
adoptive
parent
to
affirm,
20
accept,
or
support
a
policy
related
to
sexual
orientation
or
21
gender
identity
that
conflicts
with
the
person’s
sincerely
held
22
religious
or
moral
beliefs.
23
(2)
Preclude
a
person
from
being
qualified
as
a
prospective
24
adoptive
parent
based,
in
whole
or
in
part,
on
the
person’s
25
sincerely
held
religious
or
moral
beliefs
related
to
sexual
26
orientation
or
gender
identity,
including
but
not
limited
to
27
the
person’s
intent
to
guide,
instruct,
or
raise
a
child
in
a
28
manner
consistent
with
the
person’s
sincerely
held
religious
29
or
moral
beliefs.
30
b.
The
department,
and
the
department’s
designees,
shall
31
not
adopt
a
standard,
policy,
or
rule
that
precludes
a
person
32
from
being
considered
as
a
child’s
prospective
adoptive
parent
33
based,
in
whole
or
in
part,
on
the
person’s
sincerely
held
34
religious
or
moral
beliefs
related
to
sexual
orientation
or
35
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gender
identity.
1
c.
This
subsection
shall
not
be
interpreted
to
preclude
2
the
department
from
taking
into
account
the
sincerely
held
3
moral
and
religious
beliefs,
including
sincerely
held
moral
4
and
religious
beliefs
related
to
sexual
orientation
and
gender
5
identity,
of
a
child
and
the
child’s
family
of
origin
as
6
compared
to
the
sincerely
held
moral
and
religious
beliefs
7
of
a
prospective
adoptive
parent
when
determining
the
most
8
appropriate
placement
for
the
child
consistent
with
the
best
9
interests
of
the
child.
10
d.
(1)
A
prospective
adoptive
parent
may
bring
an
action
11
asserting
a
violation
of
this
subsection.
A
court
may
provide
12
a
prospective
adoptive
parent
injunctive
relief,
declaratory
13
relief,
or
other
relief
as
the
court
deems
appropriate,
and
may
14
award
reasonable
attorney
fees
and
costs.
15
(2)
Notwithstanding
chapter
17A,
an
action
under
this
16
paragraph
may
be
commenced
regardless
of
whether
a
prospective
17
adoptive
parent
exhausted
all
available
administrative
18
remedies.
19
(3)
The
attorney
general
may
bring
an
action
to
enforce
this
20
subsection.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
certain
sincerely
held
religious
or
25
moral
beliefs
(beliefs)
of
child
foster
care
providers
and
26
prospective
adoptive
parents.
27
The
bill
prohibits
the
department
of
health
and
human
28
services
(HHS)
from
requiring
an
individual
licensee
(foster
29
parent)
to
affirm,
accept,
or
support
a
policy
related
to
30
sexual
orientation
(orientation)
or
gender
identity
(identity)
31
that
conflicts
with
the
foster
parent’s
beliefs,
or
precluding
32
a
person
from
providing
child
foster
care
as
a
foster
parent
33
based,
in
whole
or
in
part,
on
the
person’s
beliefs
related
34
to
orientation
or
identity,
including
but
not
limited
to
the
35
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4
S.F.
236
foster
parent’s
intent
to
guide,
instruct,
or
raise
a
child
in
1
a
manner
consistent
with
the
foster
parent’s
beliefs.
2
The
bill
prohibits
HHS,
and
HHS’s
designees,
from
adopting
3
a
standard,
policy,
or
rule
that
precludes
a
foster
parent
4
from
being
considered
as
a
child’s
child
foster
care
provider
5
based
on
the
foster
parent’s
beliefs
related
to
orientation
or
6
identity.
7
The
bill
is
not
to
be
interpreted
to
preclude
HHS
or
HHS’s
8
designee
from
taking
into
account
the
beliefs,
including
9
beliefs
related
to
orientation
and
identity,
of
a
child
and
10
the
child’s
family
of
origin
as
compared
to
the
beliefs
of
a
11
potential
child
foster
care
provider
when
determining
the
most
12
appropriate
placement
for
the
child
consistent
with
the
best
13
interests
of
the
child.
14
The
bill
allows
a
current
or
prospective
child
foster
care
15
provider
to
bring
an
action
asserting
a
violation
of
the
bill.
16
A
court
may
provide
a
plaintiff
injunctive
relief,
declaratory
17
relief,
or
other
relief
as
the
court
deems
appropriate,
and
may
18
award
reasonable
attorney
fees
and
costs.
An
action
alleging
a
19
violation
of
the
bill
may
be
commenced
regardless
of
whether
20
the
current
or
prospective
child
foster
care
provider
exhausted
21
available
administrative
remedies.
The
attorney
general
may
22
bring
an
action
to
enforce
the
bill.
23
The
bill
contains
provisions
related
to
prospective
adoptive
24
parents
that
are
similar
to
the
prohibitions
and
actionable
25
rights
related
to
current
and
prospective
child
foster
care
26
providers.
27
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