Bill Text: MI HB4991 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Children; adoption; objection to placements by child placing agency based on religious or moral convictions; allow. Amends 1973 PA 116 (MCL 722.111 - 722.128) by adding sec. 14e. TIE BAR WITH: HB 4927'13, HB 4928'13
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-12-19 - Placed On Order Of General Orders [HB4991 Detail]
Download: Michigan-2013-HB4991-Engrossed.html
HB-4991, As Passed House, December 4, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4991
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 sections 14e and 14f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14e. (1) To the fullest extent permitted by state and
federal law, a child placing agency shall not be required to
provide any services if those services conflict with, or provide
any services 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 state and federal law,
the state or local unit of government shall not take an adverse
action against a child placing agency on the basis that the child
placing agency has declined or will decline to provide any services
that conflict with, or provide any services 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.
(3) If a child placing agency declines to provide any services
under subsection (1), the child placing agency shall do 1 of the
following:
(a) Promptly refer the applicant to another child placing
agency that is willing and able to provide the declined services.
(b) Promptly refer the applicant to the webpage on the
department's website that identifies other licensed child placement
agencies.
(4) A child placing agency may assert a defense in an
administrative or judicial proceeding based on this section.
(5) If a child placing agency declines to provide any services
under subsection (1), the child placing agency's decision does not
limit the ability of another child placing agency to provide those
services.
(6) For the purpose of this section:
(a) "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, taking an enforcement action against a
child placing agency, discriminating against the child placing
agency in regard to participation in a government program, and
taking any action that materially alters the terms or conditions of
the child placing agency's funding, contract, or license.
(b) "Services" includes any service that a child placing
agency provides, except foster care case management and adoption
services provided under a contract with the department.
Sec. 14f. (1) If the department makes a referral to a child
placing agency for foster care case management or adoption services
under a contract with the child placing agency, the child placing
agency may decline the referral if the services would 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) The state or a local unit of government shall not take an
adverse action against a child placing agency on the basis that the
child placing agency has declined or will decline a referral under
subsection (1).
(3) If a child placing agency declines a referral under
subsection (1), that occurrence shall not be a factor in
determining whether a placement in connection with the referral is
in the best interest of the child.
(4) A child placing agency may assert a defense in an
administrative or judicial proceeding based on this section.
(5) For the purpose of this section, "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, taking an enforcement action against a child
placing agency, discriminating against the child placing agency in
regard to participation in a government program, and taking 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.
