Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/20/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1669
4
5 By: Representative Bentley
6 By: Senator A. Clark
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE KEEP KIDS FIRST ACT; TO PROVIDE
10 FOR PROTECTIONS FROM DISCRIMINATION FOR ADOPTION AND
11 FOSTER CARE PROVIDERS ACTING IN ACCORDANCE WITH
12 SINCERELY HELD RELIGIOUS BELIEFS; TO PROVIDE A
13 VEHICLE FOR RECOVERY BY ADOPTION AND FOSTER CARE
14 PROVIDERS ACTING IN ACCORDANCE WITH SINCERELY HELD
15 RELIGIOUS BELIEFS WHEN CERTAIN DISCRIMINATORY ACTIONS
16 ARE TAKEN AGAINST THE FAITH-BASED ADOPTION AND FOSTER
17 CARE PROVIDERS; AND FOR OTHER PURPOSES.
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19
20 Subtitle
21 TO CREATE THE KEEP KIDS FIRST ACT; AND
22 TO PROVIDE FOR PROTECTIONS FROM
23 DISCRIMINATION FOR ADOPTION AND FOSTER
24 CARE PROVIDERS ACTING IN ACCORDANCE WITH
25 SINCERELY HELD RELIGIOUS BELIEFS.
26
27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
28
29 SECTION 1. DO NOT CODIFY. Title.
30 This act shall be known and may be cited as the "Keep Kids First Act".
31
32 SECTION 2. DO NOT CODIFY. Legislative findings.
33 (a) The General Assembly finds and declares that:
34 (1) The State of Arkansas seeks to place children in a safe,
35 loving, and supportive home when it must place a child with an adoptive or
36 foster family;
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1 (2) The adoption and foster care agencies of the State of
2 Arkansas represent diverse organizations and groups, some of which are faith-
3 based and some of which are not faith-based, and faith-based organizations
4 and groups have a lengthy and distinguished history of providing adoption and
5 foster care services in the State of Arkansas;
6 (3) The United States Supreme Court has recognized the benefits
7 of having more, not fewer, adoption and foster care providers, stating that
8 "[m]aximizing the number of foster families and minimizing liability are
9 important goals, but the City fails to show that granting CSS an exception
10 will put those goals at risk. If anything, including CSS in the program
11 seems likely to increase, not reduce, the number of available foster
12 parents." Fulton v. City of Philadelphia, 593 U.S. 522, 541--42;
13 (4)(A) Private child placement agencies and individuals,
14 including faith-based child placement agencies and individuals, have the
15 right to the free exercise of religion under both the Arkansas Constitution
16 and the United States Constitution.
17 (B) Under well-settled principles of constitutional law,
18 free exercise of religion includes the freedom to abstain from conduct that
19 conflicts with child placement agencies' sincerely held religious beliefs;
20 and
21 (5) Ensuring that faith-based child placement agencies can
22 continue to provide adoption and foster care services will benefit the
23 children and families who receive those services.
24 (b) Therefore, the General Assembly declares that the Keep Kids First
25 Act is necessary to ensure that faith-based adoption and foster care
26 providers remain free to serve children in need and work with the State of
27 Arkansas to find loving, forever homes for children.
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29 SECTION 3. Arkansas Code Title 9, Chapter 28, Subchapter 4, is amended
30 to add an additional section to read as follows:
31 9-28-417. Child welfare agencies -- Conscience clause -- Claim or
32 defense.
33 (a) As used in this section:
34 (1) "Discriminatory action" means any action taken by state
35 government to:
36 (A) Alter in any way the tax treatment of, or cause any
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1 tax, penalty, or payment to be assessed against, or deny, delay, revoke, or
2 otherwise make unavailable an exemption from taxation of a person whom the
3 state government places custody of a foster or preadoptive child with;
4 (B) Disallow, deny, or otherwise make unavailable a
5 deduction for state tax purposes of any charitable contribution made to or by
6 a person whom the state government places custody of a foster or preadoptive
7 child with;
8 (C) Withhold, reduce, exclude, terminate, materially alter
9 the terms or conditions of, or otherwise make unavailable or deny any state
10 grant, contract, subcontract, cooperative agreement, guarantee, loan,
11 scholarship, or other similar benefit from or to a person whom the state
12 government places custody of a foster or preadoptive child with;
13 (D) Withhold, reduce, exclude, terminate, adversely alter
14 the terms or conditions of, or otherwise make unavailable or deny any
15 entitlement or benefit under a state benefit program from or to a person whom
16 the state government places custody of a foster or preadoptive child with;
17 (E) Impose, levy, or assess a monetary fine, fee, penalty,
18 damages award, or injunction on a person whom the state government places
19 custody of a foster or preadoptive child with;
20 (F) Withhold, reduce, exclude, terminate, materially alter
21 the terms or conditions of, or otherwise make unavailable or deny any
22 license, certification, accreditation, custody award or agreement, diploma,
23 grade, recognition, or other similar benefit, position, or status from or to
24 a person whom the state government places custody of a foster or preadoptive
25 child with; or
26 (G) Refuse to hire or promote, force to resign, fire,
27 demote, sanction, discipline, adversely alter the terms or conditions of
28 employment, or retaliate or take other adverse employment action against a a
29 person whom the state government places custody of a foster or preadoptive
30 child with and who is employed or commissioned by the state government; and
31 (2) "State government" means:
32 (A) The state or a political subdivision of the state,
33 including without limitation a court;
34 (B) Any agency of the state or an agency of a political
35 subdivision of the state, including without limitation a:
36 (i) Board;
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1 (ii) Bureau;
2 (iii) Commission;
3 (iv) Council;
4 (v) Department;
5 (vi) Division; or
6 (vii) Office;
7 (C) Any city, county, local government, special district,
8 or combination thereof;
9 (D) Any person acting under color of state law; or
10 (E) Any private person suing under or attempting to
11 enforce a law, rule, or regulation adopted by the state or a political
12 subdivision of the state.
13 (b)(1) The state government shall not require any private child
14 placement agency to perform, assist, counsel, recommend, consent to, refer,
15 or participate in any placement of a child for foster care or adoption when
16 the proposed placement would violate the private child placement agency's
17 sincerely held religious or moral beliefs.
18 (2)(A) The state government shall not take any discriminatory
19 action against a person whom the state government places custody of a foster
20 or preadoptive child with, whether in whole or in part, based on the
21 person's:
22 (i) Sincerely held religious belief, or intent to
23 guide, instruct, or raise a child, based upon or in a manner that is
24 consistent with that person's sincerely held religious belief; or
25 (ii) Refusal to accept or support any government
26 policy regarding sexual orientation or gender identity that conflicts with
27 the person's sincerely held religious beliefs.
28 (B) The state government shall not establish or enforce
29 any per se standard, rule, or policy that precludes consideration of a
30 current or prospective foster or preadoptive parent for any particular
31 placement based in whole or in part on the person's sincerely held religious
32 beliefs regarding sexual orientation or gender identity.
33 (C) Nothing in subdivision (b)(2)(A) or subdivision
34 (b)(2)(B) shall:
35 (i) Alter the fact that, in accordance with � 9-28-
36 106, the state government may consider whether a person shares the same
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1 religious background as a foster or preadoptive child's genetic parent when
2 considering placement of the child to prioritize placement with a person of
3 the same religious background or, if a person with the same or similar
4 religious background is not available, to a person of a different religious
5 background that is knowledgeable and appreciative of the child's religious
6 background;
7 (ii) Preclude the state government from taking into
8 consideration the religious or moral beliefs of a particular foster or
9 preadoptive child, or his or her family of origin, when determining the most
10 appropriate placement for the child, including without limitation religious
11 or moral beliefs regarding sexual orientation and gender identity and how
12 those beliefs relate to the religious or moral beliefs of a prospective
13 foster or preadoptive parent; or
14 (iii) Be construed to prohibit the state government
15 from making, or relieving the state government from its duty to make, all
16 individual placements consistent with the best interests of the child as
17 otherwise required by law.
18 (3)(A) The state government shall not take any adverse action
19 against a person whom the state grants custody of a foster child or grants
20 adoption of an adoptive child, or who seeks from the state custody of a
21 foster child or adoption of an adoptive child, wholly or partially on the
22 basis that the person guides, instructs, or raises a child, or intends to
23 guide, instruct, or raise a child, based upon or in a manner consistent with
24 a sincerely held religious belief.
25 (B) However, in accordance with � 9-28-106, the state
26 government may consider whether a person shares the same religious background
27 as a foster or adoptive child's genetic parent or parents when considering
28 placement of the child in order to prioritize placement of the child with a
29 person of the same religious background or, if a person with the same or
30 similar religious background is not available, with a person of a different
31 religious background who is knowledgeable and appreciative of the child's
32 religious background.
33 (c)(1) A person may assert a violation of this section as a claim
34 against the state government in any judicial or administrative proceeding or
35 as a defense in any judicial or administrative proceeding without regard to
36 whether the proceeding is brought by or in the name of the state government,
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1 any private person, or any other party.
2 (2) Refusal of a private child placement agency to perform,
3 assist, counsel, recommend, consent to, refer, or participate in a child
4 placement that violates the private child placement agency's religious or
5 moral convictions shall not form the basis for the imposition of civil
6 liability, other adverse administrative action, or any claim or cause of
7 action under any state or local law.
8 (3) Notwithstanding any other provision of law, an action under
9 this section may be commenced, and relief may be granted, without regard to
10 whether the person commencing the action has sought or exhausted available
11 administrative remedies.
12 (d)(1) Any person who successfully asserts a claim or defense under
13 this section may recover:
14 (A) Declaratory relief;
15 (B) Injunctive relief to prevent or remedy a violation of
16 this section or the effects of a violation of this section;
17 (C) Compensatory damages;
18 (D) Reasonable attorneys' fees and costs; and
19 (E) Any other appropriate relief.
20 (2) Notwithstanding subsection (e) of this section, only
21 declaratory relief and injunctive relief shall be available to recover
22 against a private person not acting under color of state law if there is a
23 successful assertion of a defense under this section.
24 (e) Sovereign, governmental, and qualified immunities to suit and from
25 liability are waived and abolished to the extent of liability created by
26 subsection (d) of this section.
27 (f)(1) The protection of free exercise of religious beliefs afforded
28 by this section are in addition to existing protections under federal law,
29 state law, the Arkansas Constitution, and the United States Constitution.
30 (2) Nothing in this section shall be construed to:
31 (A) Preempt or repeal any state or local law that is
32 equally or more protective of free exercise of religious beliefs;
33 (B) Narrow the meaning or application of any state or
34 local law protecting free exercise of religious beliefs; or
35 (C) Prevent the state government from providing, either
36 directly or through an individual or entity not seeking protection under this
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1 section, any benefit or service authorized under state law.
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3 SECTION 4. DO NOT CODIFY. Severability.
4 If any provision of this section or any application of such provision
5 to any particular person or circumstance is held to be invalid under law, the
6 remainder of this section and the application of its provisions to any other
7 person or circumstance shall not be affected.
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9 /s/Bentley
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7 03-20-2025 14:13:32 LJH073Every fact on this page links to its source, starting with the official bill record.