The Tennessee General Assembly is advancing a bill that would bar the state’s Department of Child Services (DCS) from forcing ideology about gender and sexuality on prospective foster and adoptive parents.
SB 1738/HB 2169 passed through the House Children and Family Subcommittee on Wednesday after testimony and discussion.
Known as the “Tennessee Foster and Adoptive Parent Protection Act,” the bill would bar DCS from requiring foster and adoptive parents to affirm any policies about gender identity or sexuality when such a policy conflicts with a parent’s religious or moral beliefs. Nor would DCS be able to determine someone’s eligibility to adopt or foster based on one’s religious beliefs about those topics.
The bill also clarifies that it would not keep DCS from considering the religious and moral beliefs of an adoptive or foster child when determining where to place them. Keeping with existing law, the bill allows for DCS to prioritize “the best interests of the child.”
A fiscal note on the bill states DCS confirmed that the proposed law would not run afoul of any of the department’s current policies, but Democrats voiced concerns that the bill could do so in the future, which may jeopardize federal funding.
In June 2022, President Joe Biden issued an executive order mandating the Department of Health and Human Services (HHS) to address the disproportionate number of youth in the child welfare system who identify as LGBTQ.
Consequently, HHS began work on a rule requiring “that state child welfare agencies ensure that LGBTQI+ youth have access to a safe and appropriate placement and have access to supportive services that help to affirm them,” according to a White House fact sheet referenced by State Representative Torrey Harris (D-Memphis) in the House Children and Family Subcommittee on Wednesday.
However, DCS Executive Director of Legislation and Rules Jim Layman testified before the subcommittee that the HHS rule has only been proposed and is not in effect yet. It is currently unknown how federal funding would be impacted were the governor to sign SB 1738/HB 2169 and if HHS then effected its proposed rule.
State Senator Paul Rose (R-Lauderdale) sponsored the bill, which was filed in the State Senate in January. State Representative Mary Littleton (R-Dickson) sponsored the House version of the legislation.
The legislature scheduled the bill to be considered in the Senate Judiciary Committee on March 11 and in the House’s Civil Justice Committee on March 13. If signed into law, the bill would take effect July 1.
The Tennessee General Assembly is also considering a bill that would restrict DCS from requiring prospective foster and adoptive parents to receive a vaccine to adopt infants under eight months old if a parent were to object based on moral or religious convictions, The Tennessee Star previously reported.
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Matthew Giffin is a reporter at The Tennessee Star and The Star News Network. Follow Matthew on Twitter/X.
