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Minutes for HB2687 - Committee on Federal and State Affairs
Short Title
Creating the adoption protection act.
Minutes Content for Wed, Mar 21, 2018
Chairperson Barker reopened the hearing on HB2687. Jason Long, Revisor, provided an overview of the bill.
Chairperson Barker stated that he would have the testimony presented first and then allow questioning of all the conferees by the Committee at the end.
Chairperson Barker recognized Vignesh Ganapathy as an opponent of HB2687 (Attachment 1). This bill is a solution in search of a problem. The ACLU of Kansas strongly opposes the bill. It unconstitutionally takes a preference for expanding certain First Amendment rights against the Fourteenth Amendment due process and equal protection rights that are guaranteed to same sex couples. This bill would ensure that the best interest of a child standards would not necessarily be met and that state tax dollars would be used to subsidize adoption placements that take place in a manner not consistent with those standards.
Chairperson Barker called upon Representative Jarrod Ousley, who testified as an opponent to HB2687 (Attachment 2). He believes that HB2687 is in direct contradiction with the zero-tolerance policy regarding discrimination towards same sex or non-traditional foster/adoptive parents.
Becky Fast testified in opposition to HB2687 (Attachment 3). Her organization doesn't believe HB2687 addresses the critical problems facing Kansas foster care. The Kansas foster care system is stretched beyond capacity. Caseloads for social workers are twice the recommended levels. Social workers are leaving child welfare in record numbers as well. It is a very difficult and time-consuming process to match up children who have experienced trauma with the right, supportive, loving homes that will meet their needs. She urged the Committee to reject this legislation and focus on changes that will improve the foster care system.
Jeff Antoniewicz testified as an opponent to the bill (Attachment 4). He and his husband are adoptive parents of children from the Kansas foster care system. He related his experience with raising these children. Their children are doing well, and if the agency had been allowed to discriminate against them for being a same-sex couple, the outcome may have been very different.
Chairperson Barker recognized Judge Kathleen Lynch as an opponent to HB2687 (Attachment 5). She has presided over adoptions in Wyandotte County since 2007. This legislation is not in the best interest in the foster care system as it presents barriers to finding a permanent loving home.
Kristy Ann Blagg testified in opposition to HB2687 (Attachment 6). She works as a foster care recruitment specialist. She worked for ten years in intensive supervision in Wyandotte County. She worked with many of the highest risk juvenile offenders. She is also a foster/adoptive parent. There is a crisis in foster care and there are not enough homes for the children who are being brought into state custody.
Mark Desetti testified as an opponent of HB2687 (Attachment 7). Religion and compliance with some other person's religious beliefs is not what makes a loving home for a child. What matters is whether the prospective parent will love the child and provide for the child. This bill protects the personal lifestyle choices of the adults at the agency, not the children in need of loving parents
The Chairperson recognized Janice Kopper as an opponent of the bill (Attachment 8). She and her wife have adopted seven children with special needs. They have been foster parents for fourteen years to fifteen children with special needs and one without special needs.
Thomas Witt testified in opposition to HB2687 (Attachment 9). His objection to this bill has nothing to do with private adoptions or the sincerely held religious beliefs of those agencies. What he opposes is using taxpayer dollars to discriminate against gay and lesbian couples.
Chairperson Barker asked if there were any further opponents who wished to testify. There were none. He asked if there were any neutrals. There were none.
Chairperson Barker then allowed questioning by the Committee to the conferees who appeared and testified. Representative Miller indicated that the language in Section 1(d) needs some work as to whether it only refers to current contracts or future contracts. He asked Mr. Witt to submit a version of the bill that would be acceptable. Representative Awerkamp asked Research to provide a breakdown of the process involved in the adoption and foster care placements relating to the amount of taxpayer dollars that are given to the faith-based agencies. In addition, reference was made in some of the testimony given in yesterday's hearing about doctors who accept Medicaid money who abstain from performing certain medical procedures based on their religious beliefs. He would like some information relating to that as well.
Chairperson Barker noted that there was written testimony in opposition to HB2687 from Christie Appelhanz, Children's Alliance of Kansas (Attachment 10); Independent advocacy organizations and leaders (Attachment 11); Lori Ross, Foster Adopt Connect (Attachment 12); Christine James Brown, Child Welfare League of America (Attachment 13); Mickey Edwards, State Director, Kansas CASA (Attachment 14); and Joe Molina, Kansas Bar Association (Attachment 15).
Chairperson Barker opened the floor for requests for bill introductions.
Representative Carpenter requested 18RS3596, establishing the safe schools act. Seeing no objection, the request was accepted by the Chairperson.
There being no further business, the meeting was adjourned at 10:21 a.m.
