Child Welfare Provider Inclusion Act of 2023

1/4/2024, 5:30 PM

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 s 3344, 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 excluded from participating in foster care or adoption programs simply because of 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 participate in these important programs. They also believe that this legislation would help to increase the number of available foster and adoptive families, ultimately benefiting children in need of loving homes. Critics of the bill, however, argue that it could lead to discrimination against LGBTQ individuals and couples who are seeking to foster or adopt children. They worry that child welfare providers could use their religious beliefs as a justification for denying services to these families, potentially limiting the options available to children in the foster care system. 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. It remains to be seen whether this bill will ultimately be passed into law and how it will impact child welfare services in the United States.
Congress
118
Number
S - 3344
Introduced on
2023-11-27
# Amendments
0
Sponsors
+5
Cosponsors
+5

Variations and Revisions

11/27/2023
Text
PDF
XML

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 s 3344, 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 excluded from participating in foster care or adoption programs simply because of 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 participate in these important programs. They also believe that this legislation would help to increase the number of available foster and adoptive families, ultimately benefiting children in need of loving homes. Critics of the bill, however, argue that it could lead to discrimination against LGBTQ individuals and couples who are seeking to foster or adopt children. They worry that child welfare providers could use their religious beliefs as a justification for denying services to these families, potentially limiting the options available to children in the foster care system. 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. It remains to be seen whether this bill will ultimately be passed into law and how it will impact child welfare services in the United States.
Alternative Names
Official Title as IntroducedA bill to ensure that organizations with religious or moral convictions are allowed to continue to provide services for children.
Policy Areas
Families

Comments

Related

Member:  Tim Scott
Committee:  Finance
Bill Update Alert:  Child Welfare Provider Inclusion Act of 2023

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 Action11/27/2023
Read twice and referred to the Committee on Finance.