Text of AR SB 352 (2019)
To Amend The Law Concerning Protections For Child Welfare Agencies.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
3,558 characters
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