Amends TCA Title 37.

This bill enacts the "Tennessee Foster and Adoptive Parent Protection Act," which prohibits the department of children's services ("department") from doing the following:<br /> <br /> (1) Requiring a current or prospective adoptive or foster parent ("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;<br /> <br /> (2) Denying a parent's eligibility to foster or adopt based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity; and<br /> <br /> (3) Establishing or enforcing a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. However, such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.<br /> <br /> This bill does not preclude the department from considering the religious or moral beliefs of an adoptive or foster child, or their family of origin, when determining the most appropriate placement for that child. Additionally, this bill must be read in harmony with the duty of the department to make placements consistent with the best interests of the child.<br /> <br /> This bill clarifies that an action taken by a parent that is protected by this bill does not give rise to a claim or cause of action against the parent. If a parent's rights are violated under this bill, then the parent may bring a civil action for injunctive relief, compensatory damages, reasonable attorney's fees, court costs, and expenses in a judicial or administrative proceeding. A parent may also raise a defense under this bill in a judicial or administrative proceeding. <br /> <br /> ON MARCH 21, 2024, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 1738, AS AMENDED.<br /> <br /> AMENDMENT #2 rewrites the bill to, instead, enact the "Tennessee Foster and Adoptive Parent Protection Act," as described below.<br /> <br /> This amendment prohibits the department of children's services from doing the following:<br /> <br /> (1) Requiring a current or prospective adoptive or foster parent ("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;<br /> <br /> (2) Denying a parent's eligibility to foster or adopt based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity; and<br /> <br /> (3) Establishing or enforcing a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.<br /> <br /> However, this amendment does not preclude the department from considering the religious or moral beliefs of an adoptive or foster child or the child's family of origin, including in relation to the religious or moral beliefs of a prospective adoptive or foster parent, when determining the most appropriate placement for that child. Additionally, this amendment must be read in harmony with the duty of the department to make placements consistent with the best interests of the child.<br />