Text of AR HB 1669 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *LJH073* 03/03/2025 2:17:22 PM LJH073 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1669 3 4 By: Representative Bentley 5 By: Senator A. Clark 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE KEEP KIDS FIRST ACT; TO PROVIDE 9 FOR PROTECTIONS FROM DISCRIMINATION FOR ADOPTION AND 10 FOSTER CARE PROVIDERS ACTING IN ACCORDANCE WITH 11 SINCERELY HELD RELIGIOUS BELIEFS; TO PROVIDE A 12 VEHICLE FOR RECOVERY BY ADOPTION AND FOSTER CARE 13 PROVIDERS ACTING IN ACCORDANCE WITH SINCERELY HELD 14 RELIGIOUS BELIEFS WHEN CERTAIN DISCRIMINATORY ACTIONS 15 ARE TAKEN AGAINST THE FAITH-BASED ADOPTION AND FOSTER 16 CARE PROVIDERS; AND FOR OTHER PURPOSES. 17 18 19 Subtitle 20 TO CREATE THE KEEP KIDS FIRST ACT; AND 21 TO PROVIDE FOR PROTECTIONS FROM 22 DISCRIMINATION FOR ADOPTION AND FOSTER 23 CARE PROVIDERS ACTING IN ACCORDANCE WITH 24 SINCERELY HELD RELIGIOUS BELIEFS. 25 26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 28 SECTION 1. DO NOT CODIFY. Title. 29 This act shall be known and may be cited as the "Keep Kids First Act". 30 31 SECTION 2. DO NOT CODIFY. Legislative findings. 32 (a) The General Assembly finds and declares that: 33 (1) The State of Arkansas seeks to place children in a safe, 34 loving, and supportive home when it must place a child with an adoptive or 35 foster family; 36 HB1669 2 03/03/2025 2:17:22 PM LJH073 (2) The adoption and foster care agencies of the State of 1 Arkansas represent diverse organizations and groups, some of which are faith- 2 based and some of which are not faith-based, and faith-based organizations 3 and groups have a lengthy and distinguished history of providing adoption and 4 foster care services in the State of Arkansas; 5 (3) The United States Supreme Court has recognized the benefits 6 of having more, not fewer, adoption and foster care providers, stating that 7 "[m]aximizing the number of foster families and minimizing liability are 8 important goals, but the City fails to show that granting CSS an exception 9 will put those goals at risk. If anything, including CSS in the program 10 seems likely to increase, not reduce, the number of available foster 11 parents." Fulton v. City of Philadelphia, 593 U.S. 522, 541—42; 12 (4)(A) Private child placement agencies and individuals, 13 including faith-based child placement agencies and individuals, have the 14 right to the free exercise of religion under both the Arkansas Constitution 15 and the United States Constitution. 16 (B) Under well-settled principles of constitutional law, 17 free exercise of religion includes the freedom to abstain from conduct that 18 conflicts with child placement agencies' sincerely held religious beliefs; 19 and 20 (5) Ensuring that faith-based child placement agencies can 21 continue to provide adoption and foster care services will benefit the 22 children and families who receive those services. 23 (b) Therefore, the General Assembly declares that the Keep Kids First 24 Act is necessary to ensure that faith-based adoption and foster care 25 providers remain free to serve children in need and work with the State of 26 Arkansas to find loving, forever homes for children. 27 28 SECTION 3. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended 29 to add an additional section to read as follows: 30 9-28-417. Child welfare agencies — Conscience clause — Claim or 31 defense. 32 (a) As used in this section: 33 (1) "Discriminatory action" means any action taken by state 34 government to: 35 (A) Alter in any way the tax treatment of, or cause any 36 HB1669 3 03/03/2025 2:17:22 PM LJH073 tax, penalty, or payment to be assessed against, or deny, delay, revoke, or 1 otherwise make unavailable an exemption from taxation of a person whom the 2 state government places custody of a foster or preadoptive child with; 3 (B) Disallow, deny, or otherwise make unavailable a 4 deduction for state tax purposes of any charitable contribution made to or by 5 a person whom the state government places custody of a foster or preadoptive 6 child with; 7 (C) Withhold, reduce, exclude, terminate, materially alter 8 the terms or conditions of, or otherwise make unavailable or deny any state 9 grant, contract, subcontract, cooperative agreement, guarantee, loan, 10 scholarship, or other similar benefit from or to a person whom the state 11 government places custody of a foster or preadoptive child with; 12 (D) Withhold, reduce, exclude, terminate, adversely alter 13 the terms or conditions of, or otherwise make unavailable or deny any 14 entitlement or benefit under a state benefit program from or to a person whom 15 the state government places custody of a foster or preadoptive child with; 16 (E) Impose, levy, or assess a monetary fine, fee, penalty, 17 damages award, or injunction on a person whom the state government places 18 custody of a foster or preadoptive child with; 19 (F) Withhold, reduce, exclude, terminate, materially alter 20 the terms or conditions of, or otherwise make unavailable or deny any 21 license, certification, accreditation, custody award or agreement, diploma, 22 grade, recognition, or other similar benefit, position, or status from or to 23 a person whom the state government places custody of a foster or preadoptive 24 child with; or 25 (G) Refuse to hire or promote, force to resign, fire, 26 demote, sanction, discipline, adversely alter the terms or conditions of 27 employment, or retaliate or take other adverse employment action against a a 28 person whom the state government places custody of a foster or preadoptive 29 child with and who is employed or commissioned by the state government; and 30 (2) "State government" means: 31 (A) The state or a political subdivision of the state, 32 including without limitation a court; 33 (B) Any agency of the state or an agency of a political 34 subdivision of the state, including without limitation a: 35 (i) Board; 36 HB1669 4 03/03/2025 2:17:22 PM LJH073 (ii) Bureau; 1 (iii) Commission; 2 (iv) Council; 3 (v) Department; 4 (vi) Division; or 5 (vii) Office; 6 (C) Any city, county, local government, special district, 7 or combination thereof; 8 (D) Any person acting under color of state law; or 9 (E) Any private person suing under or attempting to 10 enforce a law, rule, or regulation adopted by the state or a political 11 subdivision of the state. 12 (b)(1) The state government shall not require any private child 13 placement agency to perform, assist, counsel, recommend, consent to, refer, 14 or participate in any placement of a child for foster care or adoption when 15 the proposed placement would violate the private child placement agency's 16 sincerely held religious or moral beliefs. 17 (2)(A) The state government shall not take any discriminatory 18 action against a person whom the state government places custody of a foster 19 or preadoptive child with, whether in whole or in part, based on the 20 person's: 21 (i) Sincerely held religious belief, or intent to 22 guide, instruct, or raise a child, based upon or in a manner that is 23 consistent with that person's sincerely held religious belief; or 24 (ii) Refusal to accept or support any government 25 policy regarding sexual orientation or gender identity that conflicts with 26 the person's sincerely held religious beliefs. 27 (B) The state government shall not establish or enforce 28 any per se standard, rule, or policy that precludes consideration of a 29 current or prospective foster or preadoptive parent for any particular 30 placement based in whole or in part on the person's sincerely held religious 31 beliefs regarding sexual orientation or gender identity. 32 (C) Nothing in subdivision (b)(2)(A) or subdivision 33 (b)(2)(B) shall: 34 (i) Alter the fact that, in accordance with § 9-28- 35 106, the state government may consider whether a person shares the same 36 HB1669 5 03/03/2025 2:17:22 PM LJH073 religious background as a foster or preadoptive child's genetic parent when 1 considering placement of the child to prioritize placement with a person of 2 the same religious background or, if a person with the same or similar 3 religious background is not available, to a person of a different religious 4 background that is knowledgeable and appreciative of the child's religious 5 background; 6 (ii) Preclude the state government from taking into 7 consideration the religious or moral beliefs of a particular foster or 8 preadoptive child, or his or her family of origin, when determining the most 9 appropriate placement for the child, including without limitation religious 10 or moral beliefs regarding sexual orientation and gender identity and how 11 those beliefs relate to the religious or moral beliefs of a prospective 12 foster or preadoptive parent; or 13 (iii) Be construed to prohibit the state government 14 from making, or relieving the state government from its duty to make, all 15 individual placements consistent with the best interests of the child as 16 otherwise required by law. 17 (3)(A) The state government shall not take any adverse action 18 against a person whom the state grants custody of a foster child or grants 19 adoption of an adoptive child, or who seeks from the state custody of a 20 foster child or adoption of an adoptive child, wholly or partially on the 21 basis that the person guides, instructs, or raises a child, or intends to 22 guide, instruct, or raise a child, based upon or in a manner consistent with 23 a sincerely held religious belief. 24 (B) However, in accordance with § 9-28-106, the state 25 government may consider whether a person shares the same religious background 26 as a foster or adoptive child's genetic parent or parents when considering 27 placement of the child in order to prioritize placement of the child with a 28 person of the same religious background or, if a person with the same or 29 similar religious background is not available, with a person of a different 30 religious background who is knowledgeable and appreciative of the child's 31 religious background. 32 (c)(1) A person may assert a violation of this section as a claim 33 against the state government in any judicial or administrative proceeding or 34 as a defense in any judicial or administrative proceeding without regard to 35 whether the proceeding is brought by or in the name of the state government, 36 HB1669 6 03/03/2025 2:17:22 PM LJH073 any private person, or any other party. 1 (2) Refusal of a private child placement agency to perform, 2 assist, counsel, recommend, consent to, refer, or participate in a child 3 placement that violates the private child placement agency's religious or 4 moral convictions shall not form the basis for the imposition of civil 5 liability, other adverse administrative action, or any claim or cause of 6 action under any state or local law. 7 (3) Notwithstanding any other provision of law, an action under 8 this section may be commenced, and relief may be granted, without regard to 9 whether the person commencing the action has sought or exhausted available 10 administrative remedies. 11 (d)(1) Any person who successfully asserts a claim or defense under 12 this section may recover: 13 (A) Declaratory relief; 14 (B) Injunctive relief to prevent or remedy a violation of 15 this section or the effects of a violation of this section; 16 (C) Compensatory damages; 17 (D) Reasonable attorneys' fees and costs; and 18 (E) Any other appropriate relief. 19 (2) Notwithstanding subdivision (e)(1) of this section, only 20 declaratory relief and injunctive relief shall be available to recover 21 against a private person not acting under color of state law if there is a 22 successful assertion of a defense under this section. 23 (e)(1) Sovereign, governmental, and qualified immunities to suit and 24 from liability are waived and abolished to the extent of liability created by 25 subsection (d) of this section. 26 (2) A person may sue the state government, except for state 27 courts, for damages allowed under subsection (d) of this section. 28 (f) A person must bring an action to assert a claim under this section 29 no later than two (2) years after the date that the person knew or should 30 have known that a discriminatory action was taken against the person. 31 (g)(1) This section shall be construed in favor of a broad protection 32 of free exercise of religious beliefs to the maximum extent permitted under 33 the Arkansas Constitution and the United States Constitution. 34 (2)(A) The protection of free exercise of religious beliefs 35 afforded by this section are in addition to existing protections under 36 HB1669 7 03/03/2025 2:17:22 PM LJH073 federal law, state law, the Arkansas Constitution, and the United States 1 Constitution. 2 (B) Nothing in this section shall be construed to: 3 (i) Preempt or repeal any state or local law that is 4 equally or more protective of free exercise of religious beliefs; 5 (ii) Narrow the meaning or application of any state 6 or local law protecting free exercise of religious beliefs; or 7 (iii) Prevent the state government from providing, 8 either directly or through an individual or entity not seeking protection 9 under this section, any benefit or service authorized under state law. 10 (3)(A) This section applies to, and in case of conflict, 11 supersedes each statute of the State of Arkansas that impinges upon the free 12 exercise of religious beliefs and moral convictions protected by this 13 section, unless a conflicting statute is expressly made exempt from the 14 application of this section. 15 (B) This section also applies to, and, in case of 16 conflict, supersedes any ordinance, rule, regulation, order, opinion, 17 decision, practice, or other exercise of the state government's authority 18 that impinges upon the free exercise of religious beliefs protected by this 19 section. 20 21 SECTION 4. DO NOT CODIFY. Severability. 22 If any provision of this section or any application of such provision 23 to any particular person or circumstance is held to be invalid under law, the 24 remainder of this section and the application of its provisions to any other 25 person or circumstance shall not be affected. 26 27 28 29 30 31 32 33 34 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 509 of the Regular Session *LJH073* 03-20-2025 14:13:32 LJH073 State of Arkansas As Engrossed: S3/20/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1669 3 4 By: Representative Bentley 5 By: Senator A. Clark 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE KEEP KIDS FIRST ACT; TO PROVIDE 9 FOR PROTECTIONS FROM DISCRIMINATION FOR ADOPTION AND 10 FOSTER CARE PROVIDERS ACTING IN ACCORDANCE WITH 11 SINCERELY HELD RELIGIOUS BELIEFS; TO PROVIDE A 12 VEHICLE FOR RECOVERY BY ADOPTION AND FOSTER CARE 13 PROVIDERS ACTING IN ACCORDANCE WITH SINCERELY HELD 14 RELIGIOUS BELIEFS WHEN CERTAIN DISCRIMINATORY ACTIONS 15 ARE TAKEN AGAINST THE FAITH-BASED ADOPTION AND FOSTER 16 CARE PROVIDERS; AND FOR OTHER PURPOSES. 17 18 19 Subtitle 20 TO CREATE THE KEEP KIDS FIRST ACT; AND 21 TO PROVIDE FOR PROTECTIONS FROM 22 DISCRIMINATION FOR ADOPTION AND FOSTER 23 CARE PROVIDERS ACTING IN ACCORDANCE WITH 24 SINCERELY HELD RELIGIOUS BELIEFS. 25 26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 28 SECTION 1. DO NOT CODIFY. Title. 29 This act shall be known and may be cited as the "Keep Kids First Act". 30 31 SECTION 2. DO NOT CODIFY. Legislative findings. 32 (a) The General Assembly finds and declares that: 33 (1) The State of Arkansas seeks to place children in a safe, 34 loving, and supportive home when it must place a child with an adoptive or 35 foster family; 36 As Engrossed: S3/20/25 HB1669 2 03-20-2025 14:13:32 LJH073 (2) The adoption and foster care agencies of the State of 1 Arkansas represent diverse organizations and groups, some of which are faith- 2 based and some of which are not faith-based, and faith-based organizations 3 and groups have a lengthy and distinguished history of providing adoption and 4 foster care services in the State of Arkansas; 5 (3) The United States Supreme Court has recognized the benefits 6 of having more, not fewer, adoption and foster care providers, stating that 7 "[m]aximizing the number of foster families and minimizing liability are 8 important goals, but the City fails to show that granting CSS an exception 9 will put those goals at risk. If anything, including CSS in the program 10 seems likely to increase, not reduce, the number of available foster 11 parents." Fulton v. City of Philadelphia, 593 U.S. 522, 541—42; 12 (4)(A) Private child placement agencies and individuals, 13 including faith-based child placement agencies and individuals, have the 14 right to the free exercise of religion under both the Arkansas Constitution 15 and the United States Constitution. 16 (B) Under well-settled principles of constitutional law, 17 free exercise of religion includes the freedom to abstain from conduct that 18 conflicts with child placement agencies' sincerely held religious beliefs; 19 and 20 (5) Ensuring that faith-based child placement agencies can 21 continue to provide adoption and foster care services will benefit the 22 children and families who receive those services. 23 (b) Therefore, the General Assembly declares that the Keep Kids First 24 Act is necessary to ensure that faith-based adoption and foster care 25 providers remain free to serve children in need and work with the State of 26 Arkansas to find loving, forever homes for children. 27 28 SECTION 3. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended 29 to add an additional section to read as follows: 30 9-28-417. Child welfare agencies — Conscience clause — Claim or 31 defense. 32 (a) As used in this section: 33 (1) "Discriminatory action" means any action taken by state 34 government to: 35 (A) Alter in any way the tax treatment of, or cause any 36 As Engrossed: S3/20/25 HB1669 3 03-20-2025 14:13:32 LJH073 tax, penalty, or payment to be assessed against, or deny, delay, revoke, or 1 otherwise make unavailable an exemption from taxation of a person whom the 2 state government places custody of a foster or preadoptive child with; 3 (B) Disallow, deny, or otherwise make unavailable a 4 deduction for state tax purposes of any charitable contribution made to or by 5 a person whom the state government places custody of a foster or preadoptive 6 child with; 7 (C) Withhold, reduce, exclude, terminate, materially alter 8 the terms or conditions of, or otherwise make unavailable or deny any state 9 grant, contract, subcontract, cooperative agreement, guarantee, loan, 10 scholarship, or other similar benefit from or to a person whom the state 11 government places custody of a foster or preadoptive child with; 12 (D) Withhold, reduce, exclude, terminate, adversely alter 13 the terms or conditions of, or otherwise make unavailable or deny any 14 entitlement or benefit under a state benefit program from or to a person whom 15 the state government places custody of a foster or preadoptive child with; 16 (E) Impose, levy, or assess a monetary fine, fee, penalty, 17 damages award, or injunction on a person whom the state government places 18 custody of a foster or preadoptive child with; 19 (F) Withhold, reduce, exclude, terminate, materially alter 20 the terms or conditions of, or otherwise make unavailable or deny any 21 license, certification, accreditation, custody award or agreement, diploma, 22 grade, recognition, or other similar benefit, position, or status from or to 23 a person whom the state government places custody of a foster or preadoptive 24 child with; or 25 (G) Refuse to hire or promote, force to resign, fire, 26 demote, sanction, discipline, adversely alter the terms or conditions of 27 employment, or retaliate or take other adverse employment action against a a 28 person whom the state government places custody of a foster or preadoptive 29 child with and who is employed or commissioned by the state government; and 30 (2) "State government" means: 31 (A) The state or a political subdivision of the state, 32 including without limitation a court; 33 (B) Any agency of the state or an agency of a political 34 subdivision of the state, including without limitation a: 35 (i) Board; 36 As Engrossed: S3/20/25 HB1669 4 03-20-2025 14:13:32 LJH073 (ii) Bureau; 1 (iii) Commission; 2 (iv) Council; 3 (v) Department; 4 (vi) Division; or 5 (vii) Office; 6 (C) Any city, county, local government, special district, 7 or combination thereof; 8 (D) Any person acting under color of state law; or 9 (E) Any private person suing under or attempting to 10 enforce a law, rule, or regulation adopted by the state or a political 11 subdivision of the state. 12 (b)(1) The state government shall not require any private child 13 placement agency to perform, assist, counsel, recommend, consent to, refer, 14 or participate in any placement of a child for foster care or adoption when 15 the proposed placement would violate the private child placement agency's 16 sincerely held religious or moral beliefs. 17 (2)(A) The state government shall not take any discriminatory 18 action against a person whom the state government places custody of a foster 19 or preadoptive child with, whether in whole or in part, based on the 20 person's: 21 (i) Sincerely held religious belief, or intent to 22 guide, instruct, or raise a child, based upon or in a manner that is 23 consistent with that person's sincerely held religious belief; or 24 (ii) Refusal to accept or support any government 25 policy regarding sexual orientation or gender identity that conflicts with 26 the person's sincerely held religious beliefs. 27 (B) The state government shall not establish or enforce 28 any per se standard, rule, or policy that precludes consideration of a 29 current or prospective foster or preadoptive parent for any particular 30 placement based in whole or in part on the person's sincerely held religious 31 beliefs regarding sexual orientation or gender identity. 32 (C) Nothing in subdivision (b)(2)(A) or subdivision 33 (b)(2)(B) shall: 34 (i) Alter the fact that, in accordance with § 9-28- 35 106, the state government may consider whether a person shares the same 36 As Engrossed: S3/20/25 HB1669 5 03-20-2025 14:13:32 LJH073 religious background as a foster or preadoptive child's genetic parent when 1 considering placement of the child to prioritize placement with a person of 2 the same religious background or, if a person with the same or similar 3 religious background is not available, to a person of a different religious 4 background that is knowledgeable and appreciative of the child's religious 5 background; 6 (ii) Preclude the state government from taking into 7 consideration the religious or moral beliefs of a particular foster or 8 preadoptive child, or his or her family of origin, when determining the most 9 appropriate placement for the child, including without limitation religious 10 or moral beliefs regarding sexual orientation and gender identity and how 11 those beliefs relate to the religious or moral beliefs of a prospective 12 foster or preadoptive parent; or 13 (iii) Be construed to prohibit the state government 14 from making, or relieving the state government from its duty to make, all 15 individual placements consistent with the best interests of the child as 16 otherwise required by law. 17 (3)(A) The state government shall not take any adverse action 18 against a person whom the state grants custody of a foster child or grants 19 adoption of an adoptive child, or who seeks from the state custody of a 20 foster child or adoption of an adoptive child, wholly or partially on the 21 basis that the person guides, instructs, or raises a child, or intends to 22 guide, instruct, or raise a child, based upon or in a manner consistent with 23 a sincerely held religious belief. 24 (B) However, in accordance with § 9-28-106, the state 25 government may consider whether a person shares the same religious background 26 as a foster or adoptive child's genetic parent or parents when considering 27 placement of the child in order to prioritize placement of the child with a 28 person of the same religious background or, if a person with the same or 29 similar religious background is not available, with a person of a different 30 religious background who is knowledgeable and appreciative of the child's 31 religious background. 32 (c)(1) A person may assert a violation of this section as a claim 33 against the state government in any judicial or administrative proceeding or 34 as a defense in any judicial or administrative proceeding without regard to 35 whether the proceeding is brought by or in the name of the state government, 36 As Engrossed: S3/20/25 HB1669 6 03-20-2025 14:13:32 LJH073 any private person, or any other party. 1 (2) Refusal of a private child placement agency to perform, 2 assist, counsel, recommend, consent to, refer, or participate in a child 3 placement that violates the private child placement agency's religious or 4 moral convictions shall not form the basis for the imposition of civil 5 liability, other adverse administrative action, or any claim or cause of 6 action under any state or local law. 7 (3) Notwithstanding any other provision of law, an action under 8 this section may be commenced, and relief may be granted, without regard to 9 whether the person commencing the action has sought or exhausted available 10 administrative remedies. 11 (d)(1) Any person who successfully asserts a claim or defense under 12 this section may recover: 13 (A) Declaratory relief; 14 (B) Injunctive relief to prevent or remedy a violation of 15 this section or the effects of a violation of this section; 16 (C) Compensatory damages; 17 (D) Reasonable attorneys' fees and costs; and 18 (E) Any other appropriate relief. 19 (2) Notwithstanding subsection (e) of this section, only 20 declaratory relief and injunctive relief shall be available to recover 21 against a private person not acting under color of state law if there is a 22 successful assertion of a defense under this section. 23 (e) Sovereign, governmental, and qualified immunities to suit and from 24 liability are waived and abolished to the extent of liability created by 25 subsection (d) of this section. 26 (f)(1) The protection of free exercise of religious beliefs afforded 27 by this section are in addition to existing protections under federal law, 28 state law, the Arkansas Constitution, and the United States Constitution. 29 (2) Nothing in this section shall be construed to: 30 (A) Preempt or repeal any state or local law that is 31 equally or more protective of free exercise of religious beliefs; 32 (B) Narrow the meaning or application of any state or 33 local law protecting free exercise of religious beliefs; or 34 (C) Prevent the state government from providing, either 35 directly or through an individual or entity not seeking protection under this 36 As Engrossed: S3/20/25 HB1669 7 03-20-2025 14:13:32 LJH073 section, any benefit or service authorized under state law. 1 2 SECTION 4. DO NOT CODIFY. Severability. 3 If any provision of this section or any application of such provision 4 to any particular person or circumstance is held to be invalid under law, the 5 remainder of this section and the application of its provisions to any other 6 person or circumstance shall not be affected. 7 8 /s/Bentley 9 10 11 APPROVED: 4/10/25 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36