Child Welfare Provider Inclusion Act of 2023

12/19/2024, 9:06 AM

Child Welfare Provider Inclusion Act of 2023

This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin.

The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs.

Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

The Child Welfare Provider Inclusion Act of 2023, also known as Bill 118 hr 6485, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to protect the rights of child welfare providers who have religious or moral objections to certain practices, such as same-sex adoption or foster care placements.

If passed, this bill would prohibit the federal government and any state or local government that receives federal funding from discriminating against child welfare providers based on their beliefs about marriage, family, or sexuality. This means that these providers would not be penalized or denied funding simply because they choose not to participate in activities that go against their religious or moral convictions.

Supporters of the bill argue that it is necessary to protect the freedom of conscience and religious liberty of child welfare providers, ensuring that they are not forced to violate their beliefs in order to continue providing services to children in need. They believe that this bill would help to ensure a diverse range of providers in the child welfare system, ultimately benefiting the children and families they serve. Opponents of the bill, however, argue that it could lead to discrimination against LGBTQ individuals and couples who are seeking to adopt or foster children. They worry that allowing child welfare providers to refuse services based on their beliefs could limit the options available to children in need of placement, potentially harming their well-being. Overall, the Child Welfare Provider Inclusion Act of 2023 is a controversial piece of legislation that raises important questions about the balance between religious freedom and anti-discrimination protections in the child welfare system. Its fate in Congress remains uncertain as lawmakers continue to debate its potential impact on children, families, and providers.
Congress
118

Number
HR - 6485

Introduced on
2023-11-28

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

11/28/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Child Welfare Provider Inclusion Act of 2023

This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin.

The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs.

Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

The Child Welfare Provider Inclusion Act of 2023, also known as Bill 118 hr 6485, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to protect the rights of child welfare providers who have religious or moral objections to certain practices, such as same-sex adoption or foster care placements.

If passed, this bill would prohibit the federal government and any state or local government that receives federal funding from discriminating against child welfare providers based on their beliefs about marriage, family, or sexuality. This means that these providers would not be penalized or denied funding simply because they choose not to participate in activities that go against their religious or moral convictions.

Supporters of the bill argue that it is necessary to protect the freedom of conscience and religious liberty of child welfare providers, ensuring that they are not forced to violate their beliefs in order to continue providing services to children in need. They believe that this bill would help to ensure a diverse range of providers in the child welfare system, ultimately benefiting the children and families they serve. Opponents of the bill, however, argue that it could lead to discrimination against LGBTQ individuals and couples who are seeking to adopt or foster children. They worry that allowing child welfare providers to refuse services based on their beliefs could limit the options available to children in need of placement, potentially harming their well-being. Overall, the Child Welfare Provider Inclusion Act of 2023 is a controversial piece of legislation that raises important questions about the balance between religious freedom and anti-discrimination protections in the child welfare system. Its fate in Congress remains uncertain as lawmakers continue to debate its potential impact on children, families, and providers.

Policy Areas
Families

Comments

Recent Activity

Latest Summary11/1/2024

Child Welfare Provider Inclusion Act of 2023

This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines...


Latest Action12/17/2024
Referred to the Subcommittee on Work and Welfare.