September 17, 2013, Introduced by Reps. Leonard, Kurtz and LaFontaine and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
(MCL 722.111 to 722.128) by adding section 14e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14e. (1) To the fullest extent permitted by federal law,
a child placing agency shall not be required to provide a service
in connection with adoption or foster care if the service conflicts
with, or provide a service under circumstances that conflict with,
the child placing agency's sincerely held religious beliefs
contained in a written policy, statement of faith, or other
document adhered to by the child placing agency.
(2) To the fullest extent permitted by federal law, the state
or a local governmental unit shall not discriminate or take an
adverse action against a child placing agency on the basis that the
child placing agency has declined or will decline to provide a
service in connection with adoption or foster care that conflicts
with, or provide a service in connection with adoption or foster
care under circumstances that conflict with, the child placing
agency's sincerely held religious briefs contained in a written
policy, statement of faith, or other document adhered to by the
child placing agency.
(3) Subsections (1) and (2) do not apply to a service if both
of the following are true:
(a) A child placing agency's decision not to provide the
service or placement is made after either of the following:
(i) The completion of a home study for a foster care placement.
(ii) The completion of a child adoptive assessment for an
adoptive placement.
(b) A child placing agency's decision not to provide the
service will interfere with the safe and effective family
functioning or harm a minor child.
(4) If a child placing agency declines to provide a service
under subsection (1), the child placing agency shall use its best
efforts to refer the case to another child placing agency that is
willing and able to provide the declined service or, if the state
referred the case to the child placing agency, provide notice to
the department that another referral is necessary.
(5) A child placing agency aggrieved by a violation of
subsection (1) or (2) may assert that violation as a claim or
defense in an administrative or judicial proceeding and may obtain
all appropriate relief, including declaratory relief, injunctive
relief, and compensatory damages, with respect to that violation.
(6) If a child placing agency declines to provide a service
under subsection (1), the child placing agency's decision does not
limit the ability of the state or another child placing agency from
providing the service.
(7) For the purpose of this section, the term "adverse action"
includes, but is not limited to, denying a child placing agency's
application for funding, refusing to renew the child placing
agency's funding, canceling the child placing agency's funding,
declining to enter into a contract with the child placing agency,
refusing to renew a contract with the child placing agency,
canceling a contract with the child placing agency, declining to
issue a license to the child placing agency, refusing to renew the
child placing agency's license, canceling the child placing
agency's license, and any action that materially alters the terms
or conditions of the child placing agency's funding, contract, or
license.
Enacting section 1. It is the intent of the legislature to
protect child placing agencies' free exercise of religion protected
by the United States constitution and the state constitution of
1963. This amendatory act is not intended to limit or deny any
person's right to adopt a child or participate in foster care.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) House Bill No. 4927.
(b) House Bill No. 4928.