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LC 29 7770ER

Senate Bill 375
By: Senators Ligon, Jr. of the 3rd, Stone of the 23rd, Gooch of the 51st, Shafer of the 48th,
Kirk of the 13th and others

A BILL TO BE ENTITLED
AN ACT

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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 allow a child-placing agency to decline to

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accept a referral from the department and decline to perform services not referred under a

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contract with the department based on the child-placing agency's sincerely held religious

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beliefs; to prevent the department from discriminating against or causing any adverse action

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against a child-placing agency based on its sincerely held religious beliefs; to provide for

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assertion of such rights; to provide for definitions; to provide for a short title; to provide for

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legislative findings; to provide for related matters; to repeal conflicting laws; and for other

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purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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This Act may be known and may be cited as the "Keep Faith in Adoption and Foster Care

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Act."

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SECTION 2.

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The General Assembly finds that maintaining a diverse network of foster care and adoption

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service providers which accommodate children from various cultural backgrounds is a high

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priority of this state, provided that reasonable accommodations are made to allow people of

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different geographical regions, backgrounds, and beliefs to remain within and become a part

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such network. The General Assembly finds that it is important that decisions regarding the

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placement of children be made using the best interests of the child standard, including using

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child-placement organizations best able to provide for a child's physical, psychological,

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spiritual, and emotional needs and development.

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child-placing agencies have the right to provide services in accordance with the agencies'

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sincerely held religious beliefs.

S. B. 375
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The General Assembly finds that

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LC 29 7770ER

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SECTION 3.

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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) As used in this Code section, the term 'adverse action' means an action that results in,

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directly or indirectly, the denial of, refusal to renew, or cancellation of funding, a contract

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for services, or a license; enforcement action; deterrence or prevention of reasonable

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actions; and any other similar action that materially alters the terms of funding, a contract,

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or a license.

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(b) When making referrals for foster care or adoption services to child-placing agencies

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under contract with the department, the department shall use its best efforts to refer services

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to a child-placing agency that is able to provide such services. If a child-placing agency

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declines to accept the department's referral, the department shall not use such declination

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in determining whether such referral is in the best interests of the child. To the extent

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allowed by federal law, including compliance with the Americans with Disabilities Act and

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Title VI of the Civil Rights Act of 1964, a child-placing agency may decline to accept a

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referral for foster care or adoption services under a contract with the department based on

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the child-placing agency's sincerely held religious beliefs. If a child-placing agency

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declines to accept a referral, the department shall immediately refer those services to

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another child-placing agency. The department shall not cause any adverse action against

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a child-placing agency or an organization that seeks to become a child-placing agency on

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the basis, wholly or partly, that such child-placing agency or organization has declined to

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accept a referral for foster care or adoption services that do not comply with such

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child-placing agency's or organization's sincerely held religious beliefs. For services not

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referred under a contract with the department, a child-placing agency may decline to

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perform any service that conflicts with the child-placing agency's sincerely held religious

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beliefs, and the department shall not cause any adverse action against such child-placing

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agency for declining to perform such service.

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(c) The department or child-placing agency may assert this Code section as a defense in

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any judicial or administrative proceeding and otherwise allowed by law. Nothing in this

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Code section shall be construed to constitute a waiver of sovereign immunity of the state

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or any of its boards, departments, bureaus, or agencies, or any officer or employee thereof."

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SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

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