dbeard@dominionpost.com
MORGANTOWN – The full House Health and Human Resources Committee got a first look at two foster care bills – one regarding LGBTQ issues and one regarding vaccines. The Human Services subcommittee advanced both of them.
HB 2033 says a foster or adoptive family’s sincerely held religious or moral beliefs on sexual orientation or gender identity may not serve as a condition for eligibility to foster or adopt. The Department of Human services may not deny a current or prospective family eligibility based on those beliefs.
The state may not use the family’s beliefs that a particular placement is not in the best interests of the child. And the bill allows for a cause of action for a family alleging illegal treatment to sue for an injunction, damages and fees.
Delegate Anitra Hamilton, D-Monongalia, offered an amendment to allow a child to be removed from a placement if the child didn’t wish to stay or be placed there.
DHS Bureau for Social Services interim Commissioner Lorie Bragg Lawrence answered some questions regarding the amendment. She said there is no policy in place preventing a parent from saying they don’t want a specific child. But the child may also opt out of a placement by speaking with their case worker; children meet with their case workers at least monthly.
Lawrence said DHS does not do placements, except for blood relative placements. Case workers make referrals to placement agencies. And a child may discuss sexual orientation and gender identity issues regarding any placement.
The amendment failed in a voice vote.
Bill sponsor Jonathan Pinson, R-Mason, pointed out during amendment debate and discussion before the final vote that West Virginia has no regulations discriminating against foster and adoptive families. “And I’m thankful for that.”
But other states do, he said, and families have filed suits to defend their rights.
Just because a particular child may not be the right placement for a family doesn’t mean the family should not be allowed to foster or adopt, he said.
The subcommittee advanced the bill in a voice vote.
HB 2376 is a single sentence. It says DHS may not require a foster child to be immunized if the foster family objects to immunization based on religious or moral convictions.
Under questioning, Lawrence told members that immunization policy is spelled out in legislative agency rules and DHS is in discussions with the governor’s office to update the rule pending passage of the bill.
The committee advanced this bill in a voice vote without debate.
