The proposed bill seeks to amend the Code of West Virginia by adding a new section, 49-1-107, which establishes protections for current and prospective adoptive or foster parents regarding their sincerely held religious or moral beliefs about sexual orientation and gender identity. Specifically, it prohibits the West Virginia Department of Human Services from requiring these parents to affirm or support any government policy that conflicts with their beliefs as a condition for eligibility to foster or adopt. Additionally, the Department cannot deny authorization for fostering or adopting based on these beliefs, nor can it enforce standards that would preclude consideration of a parent for placement based on their beliefs.

Furthermore, the bill clarifies that while the Department must consider the religious or moral beliefs of the child and their family of origin when determining appropriate placements, these factors should be evaluated on a case-by-case basis and are not determinative. The bill also includes provisions that protect parents from claims arising from actions taken under this section, allowing them to raise violations as a defense in legal proceedings and seek various forms of relief. Overall, the legislation aims to ensure that parental beliefs are respected in the context of foster and adoption processes while still considering the best interests of the child.

Statutes affected:
Introduced Version: 48-22-803
Committee Substitute: 49-1-107