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Senate
File
473
-
Enrolled
Senate
File
473
AN
ACT
RELATING
TO
CERTAIN
SINCERELY
HELD
RELIGIOUS
OR
MORAL
BELIEFS
OF
CERTAIN
ENTITIES
FOR
PURPOSES
OF
CHILD
FOSTER
CARE
AND
ADOPTION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
237.10,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9A.
a.
The
department
shall
not
do
any
of
the
following:
(1)
Require
an
individual
licensee
or
approved
kinship
caregiver
to
affirm,
accept,
or
support
a
policy
related
to
sexual
orientation
or
gender
identity
that
conflicts
with
the
person’s
sincerely
held
religious
or
moral
beliefs.
(2)
Preclude
a
person
from
being
licensed
as
an
individual
licensee
or
approved
as
an
approved
kinship
caregiver
based
on
the
person’s
sincerely
held
religious
or
moral
beliefs
related
to
sexual
orientation
or
gender
identity,
including
but
not
limited
to
the
person’s
intent
to
guide,
instruct,
or
raise
a
child
in
a
manner
consistent
with
the
person’s
sincerely
held
religious
or
moral
beliefs.
b.
(1)
The
department,
and
the
department’s
designees,
shall
not
adopt
a
standard,
policy,
or
rule
that
precludes
an
individual
licensee
or
an
approved
kinship
caregiver
from
being
considered
as
a
possible
placement
for
a
child
based
on
the
person’s
sincerely
held
religious
or
moral
beliefs
related
to
sexual
orientation
or
gender
identity.
Senate
File
473,
p.
2
(2)
This
paragraph
shall
not
preclude
the
department,
or
the
department’s
designee,
from
taking
into
account
the
sincerely
held
moral
and
religious
beliefs,
including
but
not
limited
to
the
sincerely
held
moral
and
religious
beliefs
related
to
sexual
orientation
and
gender
identity,
of
a
child
and
the
child’s
family
of
origin
as
compared
to
the
sincerely
held
moral
and
religious
beliefs
of
a
potential
individual
licensee
or
approved
kinship
caregiver
when
determining
the
most
appropriate
placement
for
the
child
consistent
with
the
best
interests
of
the
child.
c.
(1)
A
current
or
prospective
individual
licensee
or
approved
kinship
caregiver
may
bring
an
action
asserting
a
violation
of
this
subsection.
A
court
may
provide
the
current
or
prospective
individual
licensee
or
approved
kinship
caregiver
injunctive
relief,
declaratory
relief,
or
other
relief
as
the
court
deems
appropriate,
and
may
award
reasonable
attorney
fees
and
costs.
(2)
The
attorney
general
may
bring
an
action
to
enforce
this
subsection.
d.
For
purposes
of
this
subsection,
“gender
identity”
means
the
same
as
defined
in
section
279.78,
and
“sexual
orientation”
means
the
same
as
defined
in
section
216.2.
Sec.
2.
Section
600.7A,
Code
2025,
is
amended
to
read
as
follows:
600.7A
Adoption
services
provided
by
or
through
the
department
——
selection
of
adoptive
parent
criteria.
1.
The
department
shall
adopt
rules
which
provide
that
if
adoption
services
are
provided
by
or
through
the
department,
notwithstanding
any
other
selection
of
adoptive
parent
criteria,
the
overriding
criterion
shall
be
a
preference
for
placing
a
child
in
a
stable
home
environment
as
expeditiously
as
possible.
2.
a.
The
department
shall
not
do
any
of
the
following:
(1)
Require
a
prospective
adoptive
parent
to
affirm,
accept,
or
support
a
policy
related
to
sexual
orientation
or
gender
identity
that
conflicts
with
the
person’s
sincerely
held
religious
or
moral
beliefs.
(2)
Preclude
a
person
from
being
qualified
as
a
prospective
adoptive
parent
based
on
the
person’s
sincerely
held
religious
Senate
File
473,
p.
3
or
moral
beliefs
related
to
sexual
orientation
or
gender
identity,
including
but
not
limited
to
the
person’s
intent
to
guide,
instruct,
or
raise
a
child
in
a
manner
consistent
with
the
person’s
sincerely
held
religious
or
moral
beliefs.
b.
(1)
The
department,
and
the
department’s
designees,
shall
not
adopt
a
standard,
policy,
or
rule
that
precludes
a
person
from
being
considered
as
a
child’s
prospective
adoptive
parent
based
on
the
person’s
sincerely
held
religious
or
moral
beliefs
related
to
sexual
orientation
or
gender
identity.
(2)
This
paragraph
shall
not
preclude
the
department
from
taking
into
account
the
sincerely
held
moral
and
religious
beliefs,
including
sincerely
held
moral
and
religious
beliefs
related
to
sexual
orientation
and
gender
identity,
of
a
child
and
the
child’s
family
of
origin
as
compared
to
the
sincerely
held
moral
and
religious
beliefs
of
a
prospective
adoptive
parent
when
determining
the
most
appropriate
placement
for
the
child
consistent
with
the
best
interests
of
the
child.
c.
(1)
A
prospective
adoptive
parent
may
bring
an
action
asserting
a
violation
of
this
subsection.
A
court
may
provide
a
prospective
adoptive
parent
injunctive
relief,
declaratory
relief,
or
other
relief
as
the
court
deems
appropriate,
and
may
award
reasonable
attorney
fees
and
costs.
(2)
The
attorney
general
may
bring
an
action
to
enforce
this
subsection.
d.
For
purposes
of
this
subsection,
“gender
identity”
means
the
same
as
defined
in
section
279.78,
and
“sexual
orientation”
means
the
same
as
defined
in
section
216.2.
Sec.
3.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
CHILD
FOSTER
CARE
AND
ADOPTION
SERVICES
——
DEPARTMENT
REVIEW
OF
RELIGIOUS
ORGANIZATIONS.
1.
The
department
of
health
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
amend
the
department’s
rules
relating
to
child
foster
care
and
adoption
recruitment,
retention,
training,
and
support
services
to
provide,
unless
otherwise
provided
by
federal
law
or
regulation,
that
an
entity
that
holds
itself
out
to
the
public
as
a
religious
organization
as
defined
in
section
13C.1,
and
that
has
a
contract,
subcontract,
or
other
agreement
with
the
department
or
an
agent
of
the
department
to
provide
child
foster
care
Senate
File
473,
p.
4
or
adoption
services,
shall
not
be
required
to
provide
the
contracted,
subcontracted,
or
other
agreed
upon
services
in
a
manner
inconsistent
with
the
religious
organization’s
sincerely
held
religious
beliefs.
2.
a.
This
section
shall
not
prohibit
the
department
from
determining
the
best
interests
of
a
child
in
the
provision
of
child
foster
care,
as
that
term
is
defined
in
section
237.1,
or
adoption
services
to
the
child.
b.
This
section
shall
not
relieve
the
department
of
the
department’s
duty
to
determine
the
best
interests
of
a
child
in
the
provision
of
child
foster
care
or
adoption
services
to
the
child.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
473,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor