Ind. Code ch. 31-10-3.5

Ind. Code § 31-10-3.5-1 General prohibition against discrimination

Sec. 1. (a) Except as provided in subsection (b), a governmental entity may not discriminate against any of the following: (1) A person that provides, or declines to provide, an adoption or foster care service in a manner consistent with the person's sincerely held religious belief. (2) An adoptive parent (as defined in IC 31-9-2-6) who raises, or intends to raise, a child in a manner consistent with the adoptive parent's sincerely held religious belief. (3) A foster parent (as defined in IC 31-9-2-47) who raises, or intends to raise, a child in a manner consistent with the foster parent's sincerely held religious belief. (4) A person that in a matter concerning adoption or foster care service: (A) maintains any policy and procedure; or (B) otherwise acts; consistent with the person's sincerely held religious belief. (b) A governmental entity may consider whether a person described in subsection (a) shares the same religion or faith tradition as: (1) a child when considering placement of the child to prioritize the child's placement with a person of the same religion or faith tradition; or (2) the child's parent or parents when considering placement of the child to prioritize the child's placement with a person who shares the same religion or faith tradition of the parent or parents of the child. (c) A governmental entity may not discriminate against a person described in subsection (a) unless the discriminatory act: (1) as applied to the person described in subsection (a), is required to advance a compelling governmental interest; and (2) is the least restrictive means of advancing the governmental interest. As added by P.L.43-2026, SEC.6.

Ind. Code § 31-10-3.5-2 Exception for prioritizing a child's placement

Sec. 2. (a) Notwithstanding IC 34-13-3-3 and subject to subsection (b), a person may: (1) bring a cause of action against a governmental entity for a violation of section 1 of this chapter; or (2) assert the violation of section 1 of this chapter as a claim or defense in a judicial proceeding. (b) A person may not bring a cause of action against any court under this section. (c) A person does not need to exhaust any administrative remedy before commencing an action under this section. As added by P.L.43-2026, SEC.6.

Ind. Code § 31-10-3.5-3 Antidiscrimination exception for compelling governmental interest

Sec. 3. Relief against the governmental entity may include any of the following: (1) Declaratory relief. (2) Injunctive relief. (3) Compensatory damages. (4) Reasonable attorney's fees and costs. As added by P.L.43-2026, SEC.6.

Ind. Code § 31-10-3.5-4 Exemptions

Sec. 4. This chapter does not: (1) prohibit the department from taking an action authorized by state law to prevent child abuse or neglect as defined in IC 31-9-2-14(c); or (2) limit the department from enforcing licensing requirements under IC 31-27 that are consistent with this chapter. As added by P.L.43-2026, SEC.6.