IndianaIndiana limits agency discrimination in adoption and foster care
Starting July 1, 2026, Indiana law bars certain agency actions against adoption and foster care providers, parents, and organizations acting in line with religious beliefs.
What it does
Government agencies may not discriminate against covered providers, parents, or organizations for acting in line with sincerely held religious beliefs, unless strict legal tests are met.
People alleging a violation may take a government agency to court, raise the violation in a case, and seek available court relief.
Argument forProviders, parents, and organizations could challenge certain agency actions tied to their religious beliefs and seek court orders or damages.
Argument againstThese protections could limit agencies’ placement choices when a provider or parent follows religious beliefs, though agencies may prioritize a child’s or parent’s faith tradition.
More detail
Government agencies may not discriminate against covered people or organizations for acting in line with sincerely held religious beliefs. Covered people include adoption and foster care service providers, adoptive and foster parents, and people or organizations with adoption or foster care policies or practices based on sincerely held religious beliefs. Religious organizations are included. An agency may prioritize placing a child with someone who shares the child’s or parent’s religion or faith tradition. Discrimination is allowed only when it is required to advance an important government interest and is the least restrictive way to do so. The chapter does not prevent state-law action to protect a child from abuse or neglect, or consistent enforcement of licensing rules. The chapter takes effect July 1, 2026.
A person may sue a government agency or raise a chapter violation as a claim or defense in court. These court options apply to alleged violations of the chapter by a government agency. A person does not have to use administrative complaint processes first, but may not sue a court under this chapter. A court may grant a declaration, order someone to act or stop acting, damages, and reasonable attorney fees and costs. An action must begin within two years after the act complained of. The chapter takes effect July 1, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 26Signed by the Governor Mike BraunBecame Law
- Feb 26Public Law 43Major
- Feb 25Signed by the President of the SenateMajor
- Feb 24Signed by the President Pro TemporeMajor
- Feb 23Signed by the SpeakerMajor
- Feb 19House concurred with Senate amendments; Roll Call 300: yeas 84, nays 12
- Vote recorded HB 1389 - Lindauer. Result: pass.Lower
- Feb 19Motion to concur filedMinor
- Feb 18Returned to the House with amendmentsMinor
- Feb 17Third reading: passed; Roll Call 194: yeas 44, nays 0Passed Senate
- Vote recorded HB 1389 - Johnson T - 3rd Reading. Result: pass.Upper
- Feb 16Senator Donato added as third sponsor
- Feb 16Second reading: ordered engrossedMinor
- Feb 16Senators Gaskill, Alexander added as cosponsors
- Feb 12Committee report: amend do pass, adoptedMinor
- Feb 9Senators Deery, Byrne, Brown L added as cosponsors
- Feb 9Senator Walker G added as second sponsor
- Feb 9Senator Buchanan added as cosponsor
- Feb 5First reading: referred to Committee on JudiciaryMinor
- Feb 3Referred to the SenateMinor
- Feb 2Senate sponsor: Senator Johnson T
- Vote recorded HB 1389 - Lindauer - 3rd Reading. Result: pass.Lower
- Feb 2Third reading: passed; Roll Call 196: yeas 69, nays 29Passed House
- Jan 29Amendment #3 (Garcia Wilburn) failed; Roll Call 159: yeas 29, nays 62Major
- Vote recorded HB 1389 - Lindauer - 2nd Reading. Result: fail.Lower
- Vote recorded HB 1389 - Lindauer - 2nd Reading. Result: fail.Lower
- Jan 29Second reading: ordered engrossedMinor
- Jan 29Amendment #2 (Garcia Wilburn) failed; Roll Call 158: yeas 26, nays 63Major
- Jan 27Committee report: do pass, adoptedMinor
- Jan 13Representatives Jeter, DeVon, Heaton added as coauthors
- Jan 8First reading: referred to Committee on JudiciaryMinor
- Jan 8Authored by Representative LindauerIntroduced
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