Good news for faith-based foster care

HHS is now providing exemptions from the previous
administration's regulation that did not accommodate the
protections provided for in the Religious Freedom Restoration Act.

The U.S. Department of Health and Human Services (HHS) just made life easier for the many children served by faith-based foster care agencies, by correcting the previous administration's failure to follow federal religious freedom protection law. Here are the details from HHS:

Washington, DC, January 22, 2019--HHS has released an important decision letter approving a request from Governor Henry McMaster of South Carolina to protect the religious liberty of its state faith-based foster care providers. 

 

Background 

Nine days before the inauguration of President Donald J. Trump, the Obama Administration implemented a new regulation adding various new requirements for recipients of federal funding -- including child welfare grantees.  Some of the new requirements in that regulation are not reflected in the statutes authorizing the regulation.

 

Governor McMaster (SC) asked ACF to grant the state an exception, highlighting discrimination against faith-based organizations arising from the December 2016 grants regulation, which became effective in January 2017.  It is a well-established process under HHS regulations that states can request an exception.  HHS’s grants regulation establishes that any grantee can seek an exception (or deviation) from particular grant requirements, and sets forth a process for seeking such exceptions.

 

HHS Statement and Decision

HHS’s Assistant Secretary for Administration of Children and Families, Lynn Johnson, today released a statement saying:

 

We have approved South Carolina’s request to protect religious freedom and preserve high-quality foster care placement options for children.  Faith-based organizations that provide foster care services not only perform a great service for their communities, they are exercising a legally-protected right to practice their faith through good works. Our federal agency should not – and, under the laws adopted by Congress, cannot – drive faith-motivated foster care providers out of the business of serving children without a compelling government interest, especially now that child welfare systems are stretched thin as a result of the opioid epidemic.

 

This decision preserves all of the foster care agencies currently available for children in South Carolina by ensuring faith-based organizations can continue to serve this vulnerable population.  It protects minors who are in need of as many options as possible for being placed in loving foster families.  The government should not be in the business of forcing foster care providers to close their doors because of their faith.  Religious freedom is a fundamental human right.

 

By granting this request to South Carolina, HHS is putting foster care capacity needs ahead of burdensome regulations that are in conflict with the law.

 

In considering the request of the state of South Carolina, ACF consulted with department subject-matter experts, including the Office for Civil Rights (OCR), to which HHS has delegated the responsibility to ensure compliance among its programs and its grantees with the Religious Freedom Restoration Act (RFRA).

 

As before, all qualified persons interested in becoming certified foster care providers will continue to have multiple avenues for doing so within the state.  Additionally, as a condition of the relief HHS provided the state of South Carolina, subrecipients of grant funds will continue to refer any potential foster care families not accepted into subrecipients’ program to other placement agencies or to the state. 

 

Governor McMaster’s Response  

Governor McMaster issued a statement addressing the religious freedom waiver granted by HHS, which included his original letter and the HHS response.

 

Information for Foster Care Program Participants

If participants in ACF’s Title IV-E foster care program have questions or comments, or would like to discuss their particular situation, those participants should be directed to:

• Administration for Children and Families (ACF), which oversees the foster care program - the contact in ACF is Heidi Stirrup, Heidi.Stirrup@acf.hhs.gov, AND the
• Office for Civil Rights (OCR), which oversees RFRA compliance and enforcement - the contact in OCR is Luis Perez, Luis.Perez@hhs.gov.