adoptive or foster parents — Actions prohibited. A. The Department of Human Services shall not: 1. Require any current or prospective adoptive or foster parent to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs as a condition for eligibility to adopt or foster; 2. Deny a current or prospective adoptive or foster parent any authorization necessary to be eligible to adopt or foster based, in whole or in part, upon the parent’s sincerely held religious or moral beliefs, or intent to guide, instruct, or raise a child consistent with those beliefs, regarding sexual orientation or gender identity; or 3. Establish or enforce any standard, rule, or policy that precludes consideration of a current or prospective adoptive or foster parent for any particular placement based, in whole or in part, upon the parent’s sincerely held religious or moral beliefs regarding sexual orientation or gender identity. B. Nothing in this section shall: 1. Preclude the Department from taking into account the religious or moral beliefs of a particular adoptive or foster child, or his or her family of origin including, but not limited to, the child’s or family’s views regarding sexual orientation and gender identity, considered in relation to the religious or moral beliefs of a prospective adoptive or foster parent when determining which placement is in the best interest of the child; or 2. Be construed to prohibit or relieve the Department of its duty to make each placement consistent with the best interests of the child as otherwise required by law.
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