Pennsylvania SB 944: An Act amending Title 67 (Public Welfare) of the Pennsylvania Consolidated Statutes, providing for nondiscrimination in adoption and foster care family agencies; and promulgating regulations.

Bill Text

PRINTER'S NO. 1083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 944
Session of
2025
INTRODUCED BY COMITTA, SCHWANK, KIM, COLLETT, KEARNEY, COSTA,
HAYWOOD, CAPPELLETTI, SANTARSIERO, SAVAL, STREET AND
L. WILLIAMS, JULY 31, 2025
REFERRED TO JUDICIARY, JULY 31, 2025
AN ACT
Amending Title 67 (Public Welfare) of the Pennsylvania
Consolidated Statutes, providing for nondiscrimination in
adoption and foster care family agencies; and promulgating
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 67 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 78
NONDISCRIMINATION IN ADOPTION AND
FOSTER CARE FAMILY AGENCIES
Sec.
7801. Definitions.
7802. Nondiscrimination.
7803. No establishment of religion.
7804. Regulations.
§ 7801. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Gender identity or expression." Having or being perceived
as having a gender-related identity, appearance, expression or
behavior, which may or may not be stereotypically associated
with the individual's sex assigned at birth.
"Kinship caregiver." An individual who meets the
requirements under the laws of this Commonwealth to provide
kinship care for a child.
§ 7802. Nondiscrimination.
A county agency, or public or private agency that is
authorized or approved by the county agency or department to
provide foster family care, kinship care or adoption services,
may not:
(1) Deny an individual the opportunity to become an
adoptive or a foster parent or kinship caregiver solely on
the basis of a real or perceived disability, race, creed,
religion, color, sex, sexual orientation, gender identity or
expression, marital status, national origin, ancestry or any
communicable disease, including HIV, of the individual or a
member of the individual's household.
(2) Deny to care for a specific child on the basis of a
real or perceived disability, race, creed, religion, color,
sex, sexual orientation, gender identity or expression,
national origin, ancestry or any communicable disease,
including HIV, of the child unless the denial of care is
documented, has a clear nexus to the ability to meet the
needs of the child and is not detrimental to the health or
welfare of the child.
(3) Delay or deny the placement of a child for adoption
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or into foster or kinship care on the basis of a real or
perceived disability, race, creed, religion, color, sex,
sexual orientation, gender identity or expression, national
origin, ancestry or any communicable disease, including HIV,
of the child, unless the delay or denial of the placement is
not detrimental to the health or welfare of the child.
(4) Require different or additional screenings,
processes or procedures for adoptive, foster or kinship care
placement decisions solely on the basis of the following,
unless the screenings, processes or procedures are necessary
to determine if the placement is detrimental to the health or
welfare of the child:
(i) a real or perceived disability, race, creed,
religion, color, sex, sexual orientation, gender identity
or expression, marital status, national origin, ancestry
or any communicable disease, including HIV, of the
prospective adoptive or foster parent or kinship
caregiver; or
(ii) a real or perceived disability, race, creed,
religion, color, sex, sexual orientation, gender identity
or expression, national origin, ancestry or any
communicable disease, including HIV, of the child
involved.
(5) Subject a child in foster or kinship care or an
individual, family or other agency to discrimination or
harassment on the basis of actual or perceived disability,
race, creed, religion, color, sex, sexual orientation, gender
identity or expression, marital status, national origin,
ancestry or any communicable disease, including HIV, when
providing any placement-related service.
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§ 7803. No establishment of religion.
No county agency, or public or private agency that is
authorized or approved by the county agency or department to
provide foster family care, kinship care or adoption services,
may deny any otherwise eligible individual the opportunity to
become an adoptive or a foster parent or kinship caregiver, due
solely to a preference for any religious establishment or mode
of worship in violation of section 3 of Article I of the
Constitution of Pennsylvania.
§ 7804. Regulations.
The department shall promulgate regulations as necessary to
effectuate this chapter.
Section 2. This act shall take effect in 60 days.
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