Bill Text: MI SB0497 | 2015-2016 | 98th Legislature | Introduced
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 1-0)
Status: (Introduced - Dead) 2015-09-16 - Referred To Committee On Families, Seniors And Human Services [SB0497 Detail]
Download: Michigan-2015-SB0497-Introduced.html
SENATE BILL No. 497
September 16, 2015, Introduced by Senator KNEZEK and referred to the Committee on Families, Seniors and Human Services.
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.