Text of KS SB 401 (2018)

Session of 2018 SENATE BILL No. 401 By Committee on Federal and State Affairs 2-7 AN ACT concerning children and minors; creating the adoption protection act; relating to the placement of children for foster care or adoption; relating to the religious freedoms of private entities providing such placement services. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) The provisions of this section shall be known and may be cited as the adoption protection act. (b) Notwithstanding any other provision of state law, and to the extent allowed by federal law, no child placement agency shall be required to perform, assist, counsel, recommend, consent to, refer or otherwise participate in any placement of a child for foster care or adoption when the proposed placement of such child would violate such agency's sincerely held religious beliefs. (c) No child placement agency shall be denied a license, permit or other authorization, or the renewal thereof, or have any such license, permit or other authorization revoked or suspended by any state agency, or any political subdivision of the state solely because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring or otherwise participating in a placement that violates such agency's sincerely held religious beliefs. (d) No child placement agency shall be denied any grant or contract, or participation in a program by any state agency, or any political subdivision of the state solely because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring or otherwise participating in a placement that violates such agency's sincerely held religious beliefs. (e) Refusal of a child placement agency to perform, assist, counsel, recommend, consent to, refer or otherwise participate in any placement that would violate such agency's sincerely held religious beliefs shall not form the basis for the imposition of a civil fine or other adverse administrative action or any claim or cause of action under any state or local law. (f) A child placement agency's sincerely held religious beliefs shall be described in such agency's organizing documents, its written polices or such other written document approved by the governing body of such 1 2 3 4 5 6 7 8 9 10 11 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 SB 401 2 agency. (g) As used in this section, the term "child placement agency" means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care, and who is licensed under K.S.A. 65-501 et seq., and amendments thereto. (h) The provisions of this section shall not apply to any entity that has an existing contract with the department for children and families as a case management contractor. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. 1 2 3 4 5 6 7 8 9 10 11