(1) As used in this section, unless the context otherwise requires: (a) "Gender expression" means a person's way of reflecting and expressing their gender to the outside world, typically demonstrated through appearance, dress, and behavior. (b) "Gender identity" means a person's innate sense of the person's own gender, which may or may not correspond with the person's sex as assigned at birth. (c) "Placement-related service" means any program, benefit, or service related to out-of- home placement, including adoption, kinship care, foster care homes, and private child placement, or a benefit or service described in title 26 that is related to out-of-home placement, provided by the state department of human services, a county department of human or social services, a child placement agency, or any other such entity, or a contractor or subcontractor that provides such program, benefit, or service on behalf of the state department of human services, a county department of human or social services, a child placement agency, or any other such entity. Placement-related services may include, but are not limited to, pursuing adoption or any other child placement; providing early intervention services, out-of-home placement prevention services, or family preservation services; or any service related to licensing or training for child care centers, adoptive or foster parents, or kinship care. The state department of human services, a county department of human or social services, a child placement agency, or any other such entity is not required to contract with or access a placement-related service outside the current placement-related services that are utilized by that specific entity. (d) "Service provider" means the state department of human services, a county department of human or social services, or a child placement agency. "Service provider" includes a contractor or subcontractor that provides placement-related services on a service provider's behalf. (2) A service provider that receives state money to provide placement-related services shall provide to each individual, family, or other service provider requesting services, including a service provider under investigation by the state department of human services or its designee for a violation of this section, fair and equal access to all available placement-related services offered by the service provider. Service providers that provide specialized placement-related services to specific populations are not required to provide services outside the scope of their specialized service or their specific population if the specialization serves a specific treatment- related purpose. (3) In addition to any restrictions set forth in section 24-34-805 (2)(b), a service provider that receives state money to provide placement-related services shall not: (a) Deny any person the opportunity to become an adoptive or a foster parent solely on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the person or a member of the person's household. Any denial to care for a specific child or youth that includes one of these factors as the basis for the denial must be documented, must have a clear nexus to the ability to meet the needs of the child or youth, and the denial to care must not be detrimental to the health or welfare of the child or youth. (b) Delay or deny the placement of a child or youth for adoption or into foster care on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth; (c) Require different or additional screenings, processes, or procedures for adoptive or foster placement decisions solely on the basis of the following, unless such screenings, processes, or procedures are necessary to determine if the placement is detrimental to the health or welfare of the child or youth: (I) A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the prospective adoptive or foster parent; or (II) A real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth involved; or (d) Subject a child or youth in foster care or an individual, family, or other service provider to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, when providing any placement-related service. (4) (a) A service provider shall provide placement-related services in a manner that is culturally responsive to the complex social identity of the individual receiving such services. Complex social identities include but are not limited to race, ethnicity, nationality, age, religion, sex, sexual orientation, gender identity, gender expression, socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. Nothing in this subsection (4) may be used to cause the delay or denial of an out-of-home placement of a child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth. (b) The state department of human services shall determine whether placement-related services are provided in a manner that is culturally responsive to the complex social identity of the individual receiving such services. (5) Nothing in this section diminishes the protections afforded to a parent, prospective parent, child, or youth with a disability, as described in sections 19-3-208, 19-5-100.2, and 24- 34-805.
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