IndianaHB 1389Second Regular Session 124th General Assembly (2026)House

Adoption and foster care matters.

Sponsored By: Shane Lindauer (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Anti-discrimination rules for adoption and foster care

Beginning July 1, 2026, government agencies may not discriminate against people or organizations that provide or decline adoption or foster services, or against adoptive or foster parents, when acting on sincere religious beliefs. Agencies must meet a strict test before any adverse action: a compelling interest and the least restrictive means. Agencies may consider if a caregiver shares a child’s or parents’ religion when choosing placements. The law does not stop the Department from preventing child abuse or neglect or enforcing consistent licensing rules.

Definitions for adoption and foster protections

Beginning July 1, 2026, the law defines what counts as an adoption or foster care service. It lists tasks like recruiting parents, making placements, licensing homes, doing home studies, kinship help, and family support. It defines who a “person” is, including religious organizations, and what a “religious organization” and a “state benefit” mean. It also defines “discriminate” when based on a sincere religious belief, such as denying funding, ending contracts, pulling licenses or custody, changing tax treatment, imposing fines, or taking adverse job actions.

Right to sue over discrimination

Beginning July 1, 2026, you can sue a government entity for violations of this anti-discrimination law or raise it as a claim or defense. You do not have to finish agency steps first. You cannot sue a court. Courts can order fixes, award money damages, and grant reasonable attorney’s fees and costs. You must file within two years of the act.

Sponsors & Cosponsors

Sponsor

  • Shane Lindauer

    Republican • House

Cosponsors

  • Brian Buchanan

    Republican • Senate

  • Chris Jeter

    Republican • House

  • Dale DeVon

    Republican • House

  • Gary Byrne

    Republican • Senate

  • Greg Walker

    Republican • Senate

  • Liz Brown

    Republican • Senate

  • Mike Gaskill

    Republican • Senate

  • Robert Heaton

    Republican • House

  • Scott Alexander

    Republican • Senate

  • Spencer Deery

    Republican • Senate

  • Stacey Donato

    Republican • Senate

  • Tyler Johnson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 252 • No: 166

House vote 2/19/2026

Roll Call 300 on HB1389.03.COMS.CON01

Yes: 84 • No: 12

Senate vote 2/17/2026

Roll Call 194 on HB1389.03.COMS

Yes: 44 • No: 0 • Other: 5

House vote 2/2/2026

Roll Call 196 on HB1389.02.COMH

Yes: 69 • No: 29

House vote 1/29/2026

Roll Call 158 on HB1389.02.COMH.AMH002

Yes: 26 • No: 63 • Other: 6

House vote 1/29/2026

Roll Call 159 on HB1389.02.COMH.AMH003

Yes: 29 • No: 62 • Other: 4

Actions Timeline

  1. Public Law 43

    2/26/2026House
  2. Signed by the Governor

    2/26/2026House
  3. Signed by the President of the Senate

    2/25/2026Senate
  4. Signed by the President Pro Tempore

    2/24/2026Senate
  5. Signed by the Speaker

    2/23/2026House
  6. House concurred with Senate amendments; Roll Call 300: yeas 84, nays 12

    2/19/2026House
  7. Motion to concur filed

    2/19/2026House
  8. Returned to the House with amendments

    2/18/2026Senate
  9. Third reading: passed; Roll Call 194: yeas 44, nays 0

    2/17/2026Senate
  10. Second reading: ordered engrossed

    2/16/2026Senate
  11. Senator Donato added as third sponsor

    2/16/2026Senate
  12. Senators Gaskill, Alexander added as cosponsors

    2/16/2026Senate
  13. Committee report: amend do pass, adopted

    2/12/2026Senate
  14. Senators Deery, Byrne, Brown L added as cosponsors

    2/9/2026Senate
  15. Senator Buchanan added as cosponsor

    2/9/2026Senate
  16. Senator Walker G added as second sponsor

    2/9/2026Senate
  17. First reading: referred to Committee on Judiciary

    2/5/2026Senate
  18. Referred to the Senate

    2/3/2026House
  19. Third reading: passed; Roll Call 196: yeas 69, nays 29

    2/2/2026House
  20. Senate sponsor: Senator Johnson T

    2/2/2026House
  21. Amendment #2 (Garcia Wilburn) failed; Roll Call 158: yeas 26, nays 63

    1/29/2026House
  22. Amendment #3 (Garcia Wilburn) failed; Roll Call 159: yeas 29, nays 62

    1/29/2026House
  23. Second reading: ordered engrossed

    1/29/2026House
  24. Committee report: do pass, adopted

    1/27/2026House
  25. Representatives Jeter, DeVon, Heaton added as coauthors

    1/13/2026House

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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