Text of GA SB 368 (2020)
Children and Youth Services; child-placing agencies from being required to perform or participate; when placement violates certain religious or moral convictions of the child-placing agency; prohibit
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As introduced
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LC 41 2268
S. B. 368
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Senate Bill 368
By: Senators Harbin of the 16th, Gooch of the 51st, Dugan of the 30th, Thompson of the
14th, Mullis of the 53rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated,
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relating to children and youth services, so as to prohibit child-placing agencies from being
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required to perform, assist, counsel, recommend, consent to, refer, or participate in any
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placement of a child for foster care or adoption when the placement violates certain religious
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or moral convictions of the child-placing agency; to provide for nondiscrimination of such
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child-placing agencies by entities of state and local government; to provide that certain
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actions shall not form the basis of a civil action; to provide for related matters; to repeal
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conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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SECTION 1.
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Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to
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children and youth services, is amended by adding a new Code section to read as follows:
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"49-5-25.
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(a) To the extent permitted under federal law, no child-placing agency shall be required
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to perform, assist, counsel, recommend, consent to, refer, or participate in any placement
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of a child for foster care or adoption when the proposed placement would violate the
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child-placing agency's written religious or moral convictions or policies.
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(b) The department shall not deny an application for any license or revoke any license of
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a child-placing agency because of the child-placing agency's objection to performing,
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assisting, counseling, recommending, consenting to, referring, or participating in a
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placement that violates the child-placing agency's written religious or moral convictions
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or policies.
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(c) No entity of this state or of any county, municipality, or other political subdivision of
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this state shall deny to a child-placing agency any grant, contract, or participation in a
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government program because of the child-placing agency's objection to performing,
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assisting, counseling, recommending, consenting to, referring, or participating in a
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LC 41 2268
S. B. 368
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placement that violates the child-placing agency's written religious or moral convictions
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or policies.
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(d) Refusal of a child-placing agency to perform, assist, counsel, recommend, consent to,
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refer, or participate in a placement that violates the agency's written religious or moral
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convictions or policies shall not form the basis of a civil action for either damages or
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injunctive relief."
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SECTION 2.
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All laws and parts of laws in conflict with this Act are repealed.
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