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 requiring current or prospective adoptive or foster parents to affirm or support government policies regarding sexual orientation or gender identity that conflict with their sincerely held religious or moral beliefs. The bill stipulates that such beliefs cannot be the basis for denying authorization to foster or adopt, nor can they be used to preclude consideration for specific placements.

Additionally, the bill clarifies that while the Department of Human Services must consider the religious or moral beliefs of the child and their family of origin when determining placements, these factors should be evaluated on a case-by-case basis and are not determinative. The bill also 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
Committee Substitute: 49-1-107