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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of a child-placing agency to decline to |
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provide services or accept a referral from the Department of Family |
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and Protective Services on the basis of sincerely held religious |
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beliefs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.066 to read as follows: |
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Sec. 42.066. REFUSAL OF CHILD-PLACING AGENCY TO PROVIDE |
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SERVICES OR ACCEPT REFERRALS UNDER CERTAIN CIRCUMSTANCES. (a) In |
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this section: |
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(1) "Adverse action" includes: |
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(A) denying an application for, refusing to |
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renew, or canceling funding; |
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(B) declining to enter into, refusing to renew, |
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or canceling a contract; |
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(C) declining to issue, refusing to renew, or |
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canceling a license; |
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(D) limiting a person's ability to participate in |
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a government program; |
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(E) pursuing an enforcement action against a |
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person; or |
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(F) taking any action that materially alters the |
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terms or conditions of funding, a contract, or a license. |
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(2) "Governmental entity" means: |
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(A) this state or a municipality or other |
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political subdivision of this state; or |
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(B) any agency of this state or of a municipality |
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or other political subdivision of this state, including a |
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department, bureau, board, commission, office, agency, council, |
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court, and public institution of higher education. |
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(3) "Services" means any service provided by a |
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child-placing agency, excluding case management or adoption |
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services provided under contract with the department. |
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(4) "Sincerely held religious belief" means a |
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religious belief adhered to by a child-placing agency that is |
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contained in a written policy, statement of faith, or other |
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document created by the child-placing agency. |
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(b) A child-placing agency is not required to provide a |
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service if the service, or the circumstances under which the |
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service will be provided, conflicts with the child-placing agency's |
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sincerely held religious beliefs. |
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(c) If a child-placing agency declines to provide a service |
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under Subsection (b), the child-placing agency shall: |
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(1) provide the applicant for the service with the |
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written contact information for the department and any other |
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adoption or foster care service providers; and |
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(2) promptly refer the applicant to: |
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(A) another child-placing agency that performs |
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the service and is currently able to perform the service; or |
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(B) the list of child-placing agencies on the |
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department's website. |
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(d) If a child-placing agency has a contract with the |
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department, and the department makes a referral to the |
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child-placing agency for foster care case management or adoption |
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services under that contract, the child-placing agency may decline |
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the referral if providing the services required by the referral |
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would conflict with the child-placing agency's sincerely held |
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religious beliefs. The department may not control or influence the |
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child-placing agency's decision to engage in activities or provide |
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services required by a referral. |
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(e) For purposes of Subsection (d), a child-placing agency |
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accepts a referral when the child-placing agency: |
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(1) submits a written agreement to perform the |
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services required by the referral for a particular child to the |
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department; or |
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(2) engages in any activity in relation to the |
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referral that would result in the department being obligated to pay |
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the child-placing agency for the provision of services. |
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(f) A governmental entity may not take an adverse action |
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against a child-placing agency on the basis of the child-placing |
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agency's declining to provide services under Subsection (b) or |
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declining to accept a referral from the department under Subsection |
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(d). |
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(g) It is an affirmative defense in an administrative or |
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judicial proceeding against a child-placing agency regarding the |
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provision of services or acceptance of a referral that the |
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child-placing agency declined to provide services or accept a |
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referral from the department on the basis of a sincerely held |
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religious belief. |
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(h) A child-placing agency's decision to decline a referral |
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from the department to provide case management or adoption services |
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for a child may not be considered as a factor in determining whether |
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a placement in connection with the referral is in the best interest |
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of the child. |
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SECTION 2. This Act takes effect September 1, 2017. |