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Minutes for HB2687 - Committee on Federal and State Affairs
Short Title
Creating the adoption protection act.
Minutes Content for Tue, Mar 20, 2018
Chairperson Barker opened the hearing on HB2687. Jason Long, Revisor, provided an overview of the bill (Attachment 1).
Chairperson Barker stated that there are a number of conferees so he is going to limit each person's testimony to five minutes. Questions from the Committee will be allowed after all conferees have testified.
Chairperson Barker recognized Senator Ty Masterson as a proponent of HB2687 (Attachment 2). The Truth Caucus is a formally organized 501(c)(4) entity made up of 40-plus members of the legislature. Their purpose is to champion their principles and gel a message around that to try to penetrate the media stream because oftentimes those principles are hard to translate into that media stream. Their bylaws state that if eighty percent of their membership stands behind something, they will formally take a position on it. They took a vote on this issue and more than eighty percent supported it. That is why he appears before the Committee today. Please don't get distracted. Let the issue be the issue. This is about needy children finding placement in loving homes.
Austin Vincent testified as a proponent of HB2687 (Attachment 3). He is a local attorney who has practiced adoption work for over 30 years. He also co-pastors a church here in Topeka. This measure is about protection of conscience. About one-third of the licensed agencies in Kansas are faith-based. The problem is that several states, through executive, administrative or legal action, have forced agencies to choose between continuing their vitally needed services or sticking with their convictions, resulting in the closure of several agencies. Catholic Charities in Massachusetts, who had been providing services for over a century, was forced to close. Similar actions resulting in agency closures have occurred in Illinois, California, Philadelphia, and the District of Columbia. In some states, just the threat of legal action has caused some agencies to shut down just because they can't afford to fight the battle. We cannot wait for that to happen in Kansas. The purpose of this bill is not to change anything, but to maintain the status quo and to prevent future discrimination by the State against agencies with sincerely held religious beliefs.
Deborah Snapp testified as a proponent (Attachment 4). Her agency focuses on the placement of infants in voluntary relinquishments. The adoption services are funded through fees and donations; they receive no state funding. They believe that a licensed child placement agency should be free to exercise its professional judgment in the creation of new families from the client base that comes to the agency.
Chairperson Barker recognized Cara DeCoursey as a proponent of HB2687 (Attachment 5). She gave a son up for adoption 28 years ago. She wanted her son to be placed in a family with a mother and father who were of her same faith. This was the hardest but the best decision she ever made because her son has a strong faith in Jesus Christ, he wants to make this world a better place, and he is a successful pharmacist specializing in oncology medications. She supports this bill.
Troy Cumings was recognized as a proponent of HB2687 (Attachment 6). Faith-based agencies have been serving children and families in this country long before the creation of governmental social-service agencies. In recent years faith has come under attack, and in other states the government has taken the position that faith-based agencies must choose between their desire to help children and families and their fidelity to their religious principles. As a result, many faith-based agencies have chosen to abandon their work for children, resulting in fewer resources for children. These occurrences across the country made it clear that protections for faith-based child-welfare agencies are needed. This bill preserves the status quo. It does not limit anyone's rights. It fosters the free exercise of religion and it maintains government neutrality in matters of faith.
Melissa Penny provided proponent testimony (Attachment 7). She and her husband adopted twins through a faith-based agency, and it has been an amazing experience. She would plead for making a path for more faith-based adoption agencies because this is God's work and His work should not be hindered.
Devin Penny was recognized by Chairperson Barker as a proponent on HB2687 (Attachment 8). He and his wife adopted two children through an agency that shared their faith and values. He asked that the legislature protect these agencies.
The Chair called upon Julie Samaniego as a proponent (Attachment 9). She is the founder of Circle of Love. She is also a family therapist. She has been working for 30 years with women in crisis pregnancies who have chosen to place their babies for adoption. She supports this bill.
Representative Susan Humphries was recognized by Chairperson Barker as a proponent on HB2687 (Attachment 10). She is an adoptive mother. This is a bill that will ensure that faith-based child placement agencies are able to continue to operate as they have for years. This bill is important and pre-emptive to what may lay ahead.
Questions were asked by the Committee members to the various proponents who appeared and testified. Mr. Vincent was asked to provide the Committee with the number of adoptions done by faith-based agencies in Kansas. Representative Miller asked the Revisor to provide the statutes relating to licensing requirements for adoption agencies. Representative Sawyer requested the total number of adoptions in the state, not just those that are from faith-based agencies. Representative Weber asked for the number of children in foster care who are eligible for adoption.
Chairperson Barker stated that there was written proponent testimony from Catholic Bishops of Kansas (Attachment 11); Phillip Cosby, American Family Action of Kansas (Attachment 12); Michelle Martin of Catholic Charities of Northern Kansas (Attachment 13); Sister Dolora May, St. Joseph Adoption Ministry, Kansas City, Kansas (Attachment 14); Gina Meier-Hummel, Secretary, Kansas Department for Children and Families (Attachment 15); Herbert Newell, IV, Lifeline Children's Services, Inc. (Attachment 16); pastors of Kansas (Attachment 17); Steven Roach, Catholic Charities Diocese of Springfield in Illinois (Attachment 18); Barb Saldivar, Concerned Women for America of Kansas (Attachment 19); Eric Teetsel, Family Policy Alliance of Kansas (Attachment 20); Julian Thomas, St. Nick Adoptions (Attachment 21); Susan Timmons, Christian Family Services (Attachment 22); Andrew Uhlschmidt, LMSW (Attachment 23); and Kenneth Williams, Catholic Charities of Southeast Kansas (Attachment 24).
Chairperson Barker stated that the hearing on HB2687 will remain open for opposition testimony tomorrow.
The meeting was adjourned at 10:18 a.m.
