Text of AR SB 352 (2019)

To Amend The Law Concerning Protections For Child Welfare Agencies.

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Stricken language would be deleted from and underlined language would be added to present law. *JNL251* 02/18/2019 11:59:42 AM JNL251 State of Arkansas 1 92nd General Assembly A Bill 2 Regular Session, 2019 SENATE BILL 352 3 4 By: Senator A. Clark 5 6 For An Act To Be Entitled 7 AN ACT TO AMEND THE LAW CONCERNING PRIVATE CHILD 8 WELFARE AGENCIES; AND FOR OTHER PURPOSES. 9 10 11 Subtitle 12 TO AMEND THE LAW CONCERNING PRIVATE CHILD 13 WELFARE AGENCIES. 14 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 SECTION 1. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended 19 to add an additional section to read as follows: 20 9-28-415. Private child welfare agencies — Exemption from 21 participation in child placement. 22 (a) Unless otherwise provided by federal law, a private child welfare 23 agency shall not be required to perform, assist, counsel, recommend, consent 24 to, refer, or participate in a placement of child in foster care or adoption 25 if the proposed placement would violate the written religious or moral 26 convictions or policies of the private child welfare agency. 27 (b) The Child Welfare Agency Review Board shall not: 28 (1) Deny the application of a private child welfare agency for 29 an initial license or for the renewal of a license based on the decision of 30 the private child welfare agency to refrain from performing, assisting, 31 counseling, recommending, consenting to, referring, or participating in a 32 child placement for the reasons provided under subsection (a) of this 33 section; or 34 (2) Suspend or revoke the license of a private child welfare 35 agency based on the decision of the private child welfare agency to refrain 36 SB352 2 02/18/2019 11:59:42 AM JNL251 from performing, assisting, counseling, recommending, consenting, to, 1 referring, or participating in a child placement for the reasons provided 2 under subsection (a) of this section. 3 (c) A state or local government entity shall not deny a private child 4 welfare agency a grant, contract, or participation in a government program 5 based on the decision of the private child welfare agency to refrain from 6 performing, assisting, counseling, recommending, consenting to, referring, or 7 participating in a child placement for the reasons provided under subsection 8 (a) of this section. 9 (d) A private child welfare agency is immune from civil liability if 10 the basis for the civil action arises out of the decision of the private 11 child welfare agency to refrain from performing, assisting, counseling, 12 recommending, consenting to, referring, or participating in a child placement 13 for the reasons provided under subsection (a) of this section. 14 (e) This section does not: 15 (1) Authorize a private child welfare agency to perform an act 16 that is prohibited by state or federal law; or 17 (2) Permit a private child welfare agency to refuse to: 18 (A) Perform an act that is otherwise required by state or 19 federal law; or 20 (B) Provide services to a child who is in the custody of 21 the Department of Human Services. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36