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

Additionally, 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 provides protections for 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
Committee Substitute: 49-1-107