Title 26, MINORS

The state may not discriminate or take any adverse action against a child-placement agency or an organization seeking to become a child-placement agency on the basis, wholly or partly, that the child-placement agency has declined or will decline to provide any service that confli…

Any faith-based or religious child-placement agency or organization that seeks to become a child-placement agency is eligible, on the same basis as any other child-placement agency or organization, to receive a license or participate in a state benefit program. The state may not …

A faith-based or religious child-placement agency that enters into a contract with the state or participates in a state benefit program for child-placement services shall retain the agency's independence from the state, including the child-placement agency's control over the defi…

No provision of §§ 26-6-36 to 26-6-50 , inclusive, may be construed to allow a child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-19…

A person may assert a violation of §§ 26-6-36 to 26-6-50 , inclusive, as a claim against the state in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of th…

Any person who successfully asserts a claim or defense pursuant to §§ 26-6-36 to 26-6-50 , inclusive, may recover the following: (1) Declaratory relief; (2) Injunctive relief to prevent or remedy a violation of the provisions of §§ 26-6-36 to 26-6-50 , inclusive, or the effects o…

A person may sue the state for the relief allowed pursuant to §§ 26-6-36 to 26-6-50 , inclusive. However, no provision of §§ 26-6-36 to 26-6-50 , inclusive, otherwise waives the sovereign immunity of the state. Source: SL 2017, ch 114 , § 10.

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent afforded by the federal and state constitutions. The protection of free exercise of religious …

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to, and in cases of conflict, supersede any other provision of law that impinges upon the free exercise of religious beliefs and moral convictions protected pursuant to §§ 26-6-36 to 26-6-50 , inclusive, unless a conflict…

To assert a claim under the provisions of §§ 26-6-36 to 26-6-50 , inclusive, a person shall bring an action no later than two years after the date the person knew or should have known that discrimination occurred or an adverse action was taken against the person. Source: SL 2017,…

The provisions of §§ 26-6-36 to 26-6-50 , inclusive, apply to any foster care or adoption placement for which a child-placement agency has received funding for that particular placement comprised in part of a federal subsidy only to the fullest extent allowed under federal law. S…

If a child-placement agency declines to provide any services under § 26-6-38 , the child-placement agency's decision does not limit the ability of another child-placement agency to provide those services and shall not be a factor in determining whether a placement in connection w…

The secretary of the Department of Social Services shall designate a person or entity outside the Department of Social Services to serve as the monitor and whose primary responsibility is to receive and resolve complaints related to the quality of care provided to youth placed in…

The monitor designated as provided in § 26-6-51 shall: (1) Investigate and resolve complaints related to the quality of care provided to youth placed in the custody or care of a facility, center, or program as provided in § 26-6-51 ; (2) Access any youth in the custody or care of…

If the monitor has reasonable cause to suspect that a youth under the age of eighteen has been abused or neglected as defined in § 26-8A-2 , the monitor shall immediately report that information to the Division of Child Protection of the Department of Social Services. Any investi…

For purposes of any audit, report, evaluation, or public testimony that may be permitted or required under §§ 26-6-52 to 26-6-57, inclusive, no disclosure of the identity of, or any other personally identifiable information related to, any youth or any person requesting assistanc…

A person who knowingly hinders the lawful actions of the monitor is guilty of a Class 1 misdemeanor. Source: SL 2020, ch 107 , § 6.

No state agency, facility, center, or program as provided in § 26-6-51 , and no individual acting for a state agency or a facility, center, or program as provided in § 26-6-51 may take any adverse action against an individual in retaliation because the individual cooperated with …

The identity of the youth and of any person or agency making a report to the monitor is confidential. Source: SL 2020, ch 107 , § 8.

Notwithstanding the provisions of §§ 26-1-1 and 26-7A-101 , any child welfare agency, including the Department of Social Services, may continue to provide foster care for a person over the age of majority but less than twenty - one years of age if the person was in foster care im…

No person other than the parents, guardian, or relatives within the second degree, and no firm, limited liability company, corporation, association, or organization other than a licensed child welfare agency, or the Department of Social Services, may place any child in the contro…

No person, firm, limited liability company, corporation, association, organization, municipality, or county, other than the Department of Social Services, may establish or maintain a child welfare agency or receive children for care or for placement in a family home unless licens…