Protection sought for faith-based agencies

Faith-based agencies that contract with the state foster care system requested protections under a bill heard by the Judiciary Committee Feb. 17.

LB975, introduced by Seward Sen. Mark Kolterman, would prevent the state from taking any adverse action against a child-placing agency—including, but not limited to denying an agency’s funding, refusing to enter into or renew a contract or canceling an agency’s license—if that agency refuses to facilitate a direct referral for a child based on the agency’s sincerely held religious beliefs.

Without these protections, Kolterman said, agencies would be forced to choose between serving vulnerable children and their faith that prompted them to serve.

“Our current foster care system works because each agency serves a unique portion of that population. Agencies are not interchangeable and neither are the families they serve,” he said. “If we truly want to embrace diversity, then we need to embrace the rights of everyone, even if we disagree with their beliefs.”

The bill would allow child-placing agencies to sue for compensatory damages resulting from any adverse action brought against the agency.

Doug Weinberg, director of the state Department of Health and Human Services (DHHS) Division of Children and Family Services, testified in support of the bill. He said 25 percent of the child-placing agencies that have contracts with DHHS are faith-based.

“Nebraska has a critical need to find safe and loving homes for these children and faith-based agencies play a vital role [in that process],” Weinberg said. “[DHHS] values the relationship we have with these service providers. LB975 allows Nebraska’s faith-based organizations to support the work of [DHHS] and maintain practices in line with their sincerely held religious beliefs.”

Brad Brown, chief executive officer of child-placement agency Christian Heritage, also supported the bill. He said the misconception that LB975 would allow faith-based agencies like Christian Heritage to discriminate against specific populations is unfounded. The bill instead would protect the diversity of child-placing agencies, he said.

“Choosing to foster is a personal choice similar to the choice some people make to live a life of faith,” Brown said. “Individual beliefs, values and standards should be mutually respected even when they differ.”

Opposing the bill was Marvin Binnick of Lincoln. Binnick said being placed by faith-based agencies in several foster homes as a child did not insulate him from abusive experiences.

“That litmus test of being a Christian family home isn’t enough and shouldn’t be the standard,” he said. “The standard should be loving families that can provide a safe and loving home, not whether you believe in God or what church you go to. [Children in foster care] don’t care what you believe in. We just want loving parents.”

Amy Miller, legal director for the ACLU of Nebraska, also opposed LB975. She said the interests of the faith-based agencies should not come before those of the children.

“In the context of child welfare, Nebraska has over 100 years of case law that has established one test and one test only for child placement and that is the best interests of the child,” she said. “This bill wants to put that classic 100-year-old test on its head and instead put the interests of private religious organizations first.”

The committee took no immediate action on the bill.