Bill Text: MI HB4189 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Children; adoption; objection to placements by child placing agency based on religious or moral convictions; allow. Amends 1939 PA 288 (MCL 710.21 - 712B.41) by adding sec. 23g to ch. X. TIE BAR WITH: HB 4188'15, HB 4190'15
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Passed) 2015-06-11 - Assigned Pa 54'15 With Immediate Effect [HB4189 Detail]
Download: Michigan-2015-HB4189-Chaptered.html
Act No. 54
Public Acts of 2015
Approved by the Governor
June 11, 2015
Filed with the Secretary of State
June 11, 2015
EFFECTIVE DATE: September 9, 2015
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Reps. Santana, Crawford, McBroom, Cole, Runestad, Webber, Aaron Miller, Glenn, Jenkins, Cox, Poleski, Franz, Rendon, Price, Goike, Lauwers, Glardon, Jacobsen and Potvin
ENROLLED HOUSE BILL No. 4189
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X.
The People of the State of Michigan enact:
CHAPTER X
Sec. 23g. In accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, a child placing agency shall not be required to provide adoption services if those adoption services conflict with, or provide adoption 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. Also, in accordance with sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, 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 to provide adoption services that conflict with, or provide adoption 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.
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.
Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) House Bill No. 4188.
(b) House Bill No. 4190.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
