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Bill

Bill

HB 2153

Relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender idenity

2025 Regular Session Introduced by Jonathan Pinson

House Bill 2153 protects foster and adoptive parents' religious beliefs on sexual orientation and gender identity, ensuring they aren't disqualified based on those beliefs.

To House Health and Human Resources
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Bill Summary · HB 2153

Summary of House Bill 2153

Bill Number: HB 2153
Title: Relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender identity
Status: To House Health and Human Resources
Introduced: January 29, 2025
Classification: Bill
Subject: Education (K-12), Human Services

Purpose and Intent

House Bill 2153 aims to amend existing laws regarding the eligibility criteria for foster and adoptive parents in West Virginia. The bill seeks to ensure that no current or prospective foster or adoptive parent is required to affirm or support government policies related to sexual orientation or gender identity that conflict with their sincerely held religious or moral beliefs.

Key Provisions

The bill includes several important provisions:

  1. Eligibility Criteria:

    • Current or prospective adoptive or foster parents cannot be required to affirm government policies on sexual orientation or gender identity that contradict their religious or moral beliefs.
  2. Non-Discrimination:

    • The West Virginia Department of Health and Human Services (DHHS) cannot deny eligibility based on these beliefs, ensuring that such beliefs do not automatically disqualify a parent from fostering or adopting.
  3. Placement Considerations:

    • The DHHS is prohibited from establishing rules that would disqualify a parent based solely on their religious beliefs regarding sexual orientation or gender identity. This means that such beliefs cannot be presumed to be contrary to the best interests of the child.
  4. Child-Centric Approach:

    • The bill allows for the consideration of the religious beliefs of the child or their family of origin when determining appropriate placements, maintaining a focus on the child's best interests.
  5. Legal Protections:

    • Parents whose rights under this bill are violated may seek injunctive relief, compensatory damages, and reasonable attorney fees. This provision empowers parents to defend their rights in judicial or administrative proceedings.

Affected Parties

  • Foster and Adoptive Parents: The primary beneficiaries of this bill are current and prospective foster and adoptive parents who hold religious or moral beliefs regarding sexual orientation and gender identity.
  • Children in Foster Care: The bill indirectly affects children in the foster care system by potentially expanding the pool of available foster and adoptive parents.
  • West Virginia Department of Health and Human Services: The DHHS will need to adjust its policies and practices to comply with the provisions of this bill.

Procedural Timeline

  • January 29, 2025: Bill filed with the Clerk by Rep. Tony M. McCombie.
  • February 4, 2025: First reading and referred to the Rules Committee.
  • February 12, 2025: Introduced in the House and referred to the Health and Human Resources Committee.
  • March 4, 2025: Assigned to the Executive Committee.
  • March 12, 2025: Passed in the Executive Committee with a unanimous vote (012-000-000).
  • March 27, 2025: Held on the calendar for second reading.
  • April 11, 2025: Third reading deadline extended.
  • May 31, 2025: Rule 19(a) re-referred to the Rules Committee.

Conclusion

House Bill 2153 seeks to protect the rights of foster and adoptive parents in West Virginia by ensuring that their sincerely held religious or moral beliefs regarding sexual orientation and gender identity are respected in the adoption and foster care process. The bill's provisions aim to create a more inclusive environment for potential parents while maintaining a focus on the best interests of children in the system.

Compiled from official sources — confirm details with the bill’s official record.

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