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Child Welfare Provider Inclusion Act of 2023
1/4/2024, 5:30 PM
Summary of Bill S 3344
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.
Congressional Summary of S 3344
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.)
