The proposed bill seeks to amend the Code of West Virginia by adding a new section, 48-22-803, which addresses the eligibility criteria for adoptive and foster parents. It stipulates that the West Virginia Department of Human Services cannot require current or prospective adoptive or foster parents to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with their sincerely held religious or moral beliefs. Additionally, the Department is prohibited from denying authorization for adoption or foster care based on these beliefs and cannot establish any standards that would automatically disqualify parents based on their religious views regarding sexual orientation or gender identity.

Furthermore, the bill clarifies that while the Department must consider the religious beliefs of the child or their family of origin when making placements, it must also ensure that individual placements align with the best interests of the child. The legislation provides protections for adoptive or foster parents whose rights under this section are violated, allowing them to raise claims in judicial or administrative proceedings and seek various forms of relief, including injunctive relief and compensatory damages.

Statutes affected:
Introduced Version: 48-22-803