Bill Text: MI HB4841 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Children; foster care; foster care licensees with state contracts to provide services to all applicants; require. Amends secs. 14e & 14f of 1973 PA 116 (MCL 722.124e & 722.124f).

Spectrum: Partisan Bill (Democrat 36-1)

Status: (Introduced - Dead) 2015-09-09 - Printed Bill Filed 08/21/2015 [HB4841 Detail]

Download: Michigan-2015-HB4841-Introduced.html

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HOUSE BILL No. 4841

 

August 20, 2015, Introduced by Reps. Hoadley, Talabi, Moss, Liberati, Cochran, Greig, Gay-Dagnogo, Byrd, Robinson, Geiss, Brinks, Pagan, Dianda, Irwin, Driskell, Townsend, Faris, Schor, Guerra, Neeley, Phelps, Chirkun, Sarah Roberts, Brunner, Smiley, Singh, Yanez, Plawecki, Derek Miller, Rutledge, Love, Callton, Durhal, Greimel, Wittenberg, LaVoy and Zemke and referred to the Committee on Families, Children, and Seniors.

 

     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,"

 

by amending sections 14e and 14f (MCL 722.124e and 722.124f), as

 

added by 2015 PA 53.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 14e. (1) The legislature finds and declares all of the

 

following:

 

     (a) When it is necessary for a child in this state to be

 

placed with an adoptive or foster family, placing the child in a

 

safe, loving, and supportive home is a paramount goal of this

 

state.

 

     (b) As of the effective date of the amendatory act that added

 

this section, September 9, 2015, there are 105 licensed adoption

 

and foster care agencies in this state that are authorized to

 

participate in and assist families with adoption and foster parent

 

placements of children.

 

     (c) Having as many possible qualified adoption and foster

 

parent agencies in this state is a substantial benefit to the

 

children of this state who are in need of these placement services

 

and to all of the citizens of this state because the more qualified

 

agencies taking part in this process, the greater the likelihood

 

that permanent child placement can be achieved.

 

     (d) As of the effective date of the amendatory act that added

 

this section, September 9, 2015, the adoption and foster care

 

licensees of this state represent a broad spectrum of organizations

 

and groups, some of which are faith based and some of which are not

 

faith based.

 

     (e) Private child placing agencies, including faith-based

 

child placing agencies, have the right to free exercise of religion

 

under both the state and federal constitutions. Under well-settled

 

principles of constitutional law, this right includes the freedom

 

to abstain from conduct that conflicts with an a child placing

 

agency's sincerely held religious beliefs.

 

     (f) Faith-based and non-faith-based child placing agencies

 

have a long and distinguished history of providing adoption and

 

foster care services in this state.

 

     (g) Children and families benefit greatly from the adoption

 

and foster care services provided by faith-based and non-faith-

 

based child placing agencies. Ensuring that faith-based child

 

placing agencies can continue to provide adoption and foster care

 

services will benefit the children and families who receive

 

publicly funded services.

 

     (h) Under well-established department contracting practices, a

 

private child placing agency does not receive public funding with

 

respect to a particular child or particular individuals referred by

 

the department unless that private child placing agency

 

affirmatively accepts the referral.

 

     (i) Under well-settled principles of constitutional law

 

distinguishing "private action" from "state action", a private

 

child placing agency does not engage in state action when the

 

agency performs private-adoption or direct-placement services

 

unless the private child placing agency accepts public funds from

 

the state. Similarly, a private child placing agency does not

 

engage in state action relative to a referral for services under a

 

contract with the department before the agency accepts the

 

referral.

 

     (2) To Except as otherwise provided in subsection (7), to the

 

fullest extent permitted by state and federal law, a child placing

 

agency shall is 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.

 

     (3) To Except as otherwise provided in subsection (7), to the

 

fullest extent permitted by state and federal law, 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 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.

 

     (4) If a child placing agency declines to provide any services

 

under subsection (2), the child placing agency shall provide in

 

writing information advising the applicant of the department's

 

website, the Michigan adoption resource exchange Adoption Resource

 

Exchange or similar subsequently utilized websites, and a list of

 

adoption or foster care service providers with contact information

 

and shall do at least 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

 

placing agencies.

 

     (5) A child placing agency may assert a defense in an

 

administrative or judicial proceeding based on this section.

 

     (6) If a child placing agency declines to provide any services

 

under subsection (2), the child placing agency's decision does not

 

limit the ability of another child placing agency to provide those

 

services.

 

     (7) In order to receive public funds from this state, a child

 

placing agency that has a contract with this state shall provide

 

services to all applicants that otherwise meet the requirements for

 

those services.

 

     (8) (7) 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 Except as otherwise provided in subsection

 

(5), 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 decide not to accept 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. Before accepting a

 

referral for services under a contract with the department, the

 

child placing agency has the sole discretion to decide whether to

 

engage in activities and perform services related to that referral.

 

The department shall not control the child placing agency's

 

decision whether to engage in those activities or perform those

 

services. For purposes of this subsection, a child placing agency

 

accepts a referral by doing either of the following:

 

     (a) Submitting to the department a written agreement to

 

perform the services related to the particular child or particular

 

individuals that the department referred to the child placing

 

agency.

 

     (b) Engaging in any other activity that results in the

 

department being obligated to pay the child placing agency for the

 

services related to the particular child or particular individuals

 

that the department referred to the child placing agency.

 

     (2) The Except as otherwise provided in subsection (5), 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 decided to accept or not accept a referral under

 

subsection (1).

 

     (3) If a child placing agency decides not to accept a referral

 

under subsection (1), that occurrence shall is 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) In order to receive funds from this state, a child placing

 

agency that has a contract with this state shall provide foster

 

care management or adoption services to all applicants that

 

otherwise meet the requirements for those services.

 

     (6) (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. This amendatory act takes effect 90 days

 

after the date it is enacted into law.