85R2723 MK-D

By: Campbell, Perry S.B. No. 1536

A BILL TO BE ENTITLED

AN ACT

relating to the ability of a child-placing agency to decline to provide services or accept a referral from the Department of Family and Protective Services on the basis of sincerely held religious beliefs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.066 to read as follows:

Sec. 42.066. REFUSAL OF CHILD-PLACING AGENCY TO PROVIDE SERVICES OR ACCEPT REFERRALS UNDER CERTAIN CIRCUMSTANCES. (a) In this section:

(1) "Adverse action" includes:

(A) denying an application for, refusing to renew, or canceling funding;

(B) declining to enter into, refusing to renew, or canceling a contract;

(C) declining to issue, refusing to renew, or canceling a license;

(D) limiting a person's ability to participate in a government program;

(E) pursuing an enforcement action against a person; or

(F) taking any action that materially alters the terms or conditions of funding, a contract, or a license.

(2) "Governmental entity" means:

(A) this state or a municipality or other political subdivision of this state; or

(B) any agency of this state or of a municipality or other political subdivision of this state, including a department, bureau, board, commission, office, agency, council, court, and public institution of higher education.

(3) "Services" means any service provided by a child-placing agency, excluding case management or adoption services provided under contract with the department.

(4) "Sincerely held religious belief" means a religious belief adhered to by a child-placing agency that is contained in a written policy, statement of faith, or other document created by the child-placing agency.

(b) A child-placing agency is not required to provide a service if the service, or the circumstances under which the service will be provided, conflicts with the child-placing agency's sincerely held religious beliefs.

(c) If a child-placing agency declines to provide a service under Subsection (b), the child-placing agency shall:

(1) provide the applicant for the service with the written contact information for the department and any other adoption or foster care service providers; and

(2) promptly refer the applicant to:

(A) another child-placing agency that performs the service and is currently able to perform the service; or

(B) the list of child-placing agencies on the department's website.

(d) If a child-placing agency has a contract with the department, and the department makes a referral to the child-placing agency for foster care case management or adoption services under that contract, the child-placing agency may decline the referral if providing the services required by the referral would conflict with the child-placing agency's sincerely held religious beliefs. The department may not control or influence the child-placing agency's decision to engage in activities or provide services required by a referral.

(e) For purposes of Subsection (d), a child-placing agency accepts a referral when the child-placing agency:

(1) submits a written agreement to perform the services required by the referral for a particular child to the department; or

(2) engages in any activity in relation to the referral that would result in the department being obligated to pay the child-placing agency for the provision of services.

(f) A governmental entity may not take an adverse action against a child-placing agency on the basis of the child-placing agency's declining to provide services under Subsection (b) or declining to accept a referral from the department under Subsection (d).

(g) It is an affirmative defense in an administrative or judicial proceeding against a child-placing agency regarding the provision of services or acceptance of a referral that the child-placing agency declined to provide services or accept a referral from the department on the basis of a sincerely held religious belief.

(h) A child-placing agency's decision to decline a referral from the department to provide case management or adoption services for a child may not be considered as a factor in determining whether a placement in connection with the referral is in the best interest of the child.

SECTION 2. This Act takes effect September 1, 2017.