ADOPTION AGENCY PLACEMENT OBJECTIONS

House Bill 5908

Sponsor:  Rep. John Stahl

House Bill 5909

Sponsor: Rep. Scott Hummel

Committee:  Family and Children Services

Complete to 5-22-06

A SUMMARY OF HOUSE BILLS 5908 AND 5909 AS INTRODUCED 3-23-06

House Bill 5908 would amend the Michigan Adoption Code (MCL 710.23b et al.) to specify that a child placing agency is not required to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement for adoption that violates its written religious or moral convictions or policies.  (The adoption code is Chapter X of the Probate Code of 1939.)

As used in the bill, the term "child placing agency" means a private organization licensed under the Child Care Licensing Act to place children for adoption.

Under the bill, a state or local government entity could not deny a child placing agency a grant, contract or participation in a government program because of the agency's adoption placement objections based on written religious or moral convictions or policies.  A child placement agency's refusal to participate in a placement that violates its written religious policies would not constitute a determination that the proposed adoption is not in the best interests of the adoptee.

House Bill 5909 would amend the Social Welfare Act, (MCL 400.1 et al.) by adding Section 5c to specify that the Department of Human Services could not refuse to issue a license to a child placing agency based solely on its objection to participating in an adoption placement that violates its written religious or moral convictions or policies.

FISCAL IMPACT:

The bills would have no fiscal impact on the state or local units of government or on the judiciary.

                                                                                           Legislative Analyst:   E. Best

                                                                                                  Fiscal Analyst:   Marilyn Peterson/

                                                                                                                           Bob Schneider

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.