Foster parents wouldn’t have to affirm their foster kids’ gender identity or sexual orientation if it violates their beliefs under a bill passed by the Iowa House Monday.
Under the bill (SF 473), the Iowa Department of Health and Human Services (HHS) could not disqualify a person from fostering or adopting based on their religious or moral beliefs around gender identity and sexual orientation. It's the latest bill to come through the House that's aimed at adding religious protections for prospective foster and adoptive parents.
The House passed the measure on a vote of 58-34, with four Republicans joining Democrats in voting against it. It now heads back to the Senate, where a different version passed last year.
Foster care group calls the bill 'unnecessary'
Supporters have said the proposal protects religious liberty and could help attract more families to foster, while opponents have said the bill puts LGBTQ children at risk of being placed in unsupportive environments.
Four Oaks, Iowa’s contractor for conducting placements of foster kids and training foster and adoptive parents, is against the legislation.
"Senate File 473 imposes unnecessary mandates upon the Foster Care system that already carefully addresses the matters legislators are trying to prescribe," Four Oaks said in a statement to IPR News.
The nonprofit said the bill has restrictive language and seems to negate best fit practices for placing foster kids with foster homes.
“We carefully consider foster families' beliefs as well as those of the child to facilitate the best match. It is our practice that we recommend the best match possible, ensuring we meet the needs of both the foster families and the child,” Four Oaks said in a statement.
Four Oaks said it considers the needs, including religious beliefs, in placements to make sure foster parents and children feel understood, valued and set up for success.
The Iowa Mental Health Counselors Association and the Iowa Chapter of the National Association of Social Workers are registered against the bill.
Current policy requires respect of LGBTQ identity
Under the proposal, Iowa HHS couldn’t require an individual licensee, approved kinship caregiver or prospective adoptive parent to “affirm, accept or support” a policy related to sexual orientation or gender identity that conflicts with their sincerely held moral or religious beliefs.
Iowa HHS also couldn't adopt a policy that prevents a caregiver from being considered for fostering or adopting due to the person's religious or moral beliefs around gender identity and sexual orientation.
Foster parents are required to respect their foster kids’ gender identity and sexual orientation regardless of personal beliefs under the current Foster Parent Handbook. Foster parents also have the right to say no to any placements.
Foster parents are required to respect their foster kids’ gender identity and sexual orientation regardless of personal beliefs under the current Foster Parent Handbook.
Studies show LGBTQ youth are disproportionately represented in child welfare systems in the nation. A study in 2021 found LGBTQ youth are likely to have better mental health outcomes when placed with an affirming foster home.
The Foster Parent Handbook also states foster parents must respect their foster kids’ religious beliefs and can’t require them to go to religious services or classes against their wishes.
The proposal says the bill's religious beliefs exemptions "shall not be interpreted to preclude the department" from taking into account the religious and moral beliefs of the child and the child's family of origin when determining the most appropriate placement for the child.
Democrats said the proposal places the burden of figuring out placement compatibility on children who have experienced trauma.
Rep. Aime Wichtendahl, D-Hiawatha, said it will force kids in already vulnerable situations to advocate for their own placements.
“Think of how burdensome that is to that foster child, who is already experiencing trauma, who is already going through one of the most difficult times in their lives, to have to be advocating for themselves so they don't further endure further trauma,” Wichtendahl said.
Rep. Beth Wessel-Kroeschell, D-Ames, voted against the bill and said the proposal could leave LGBTQ children without stability and support at home. She said the bill prioritizes the beliefs of caregivers over the needs of children.
“These are real kids, kids who are already vulnerable, kids who rely on us to get this right,” Wessel-Kroeschell said. “We should be doing everything we can to expand the pool of qualified foster parents, but we should not do that by weakening protections for our children.”
Supporters say the bill will help attract more foster parents
Rep. Craig Williams, R-Manning, managed the bill’s passage in the House. He said the bill protects religious liberty of caregivers and refuted Democrats' claim that the bill deprioritizes the needs of the child.
"This bill does not require the state to place a child in a home that is not in the child's best interest," Williams said. "The state retains full discretion to evaluate each placement individually and ensure that the needs of every child are met."
Williams said the proposal could potentially expand the number of foster homes in the state when there's a shortage.
“Iowa should not send the message that if you hold traditional religious beliefs, you need not apply at a time when children are waiting for families,” he said. “We should be widening the door for qualified parents, not narrowing it.”
An amendment to the bill also states religious foster or adoption organizations under an agreement with HHS can’t be required to provide services in a manner conflicting with their religious beliefs.
In March, the House passed a proposal with a similar provision blocking HHS from withholding licenses to foster care caregivers or agencies based on their intent to raise a child in a way consistent with their sex. The proposal also applies to prospective adoptive parents.
