TAKING QUESTIONS — Del. Jonathan Pinson takes questions Monday afternoon from Del. Anitra Hamilton during a discussion of House Bill 2033, relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender identity. -- Photo Courtesy/WV Legislative Photography

CHARLESTON — Lawmakers want to see the pool of available families willing to foster children increase, but some believe hindrances — such as concerns over vaccines or having certain political beliefs foisted upon them — need removed.

The House Human Services Subcommittee held an information gathering meeting Monday afternoon for House Bill 2376, exempting foster parents from having to show proof of vaccination; and House Bill 2033, relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender identity.

HB 2376 aims to prevent the Department of Human Services (DoHS) from mandating immunizations for the biological children of parents/guardians wishing to participate in the state’s foster care program if the foster parent objects to immunizations based on religious or moral beliefs.

According to the bill’s lead sponsor – Subcommittee Chairman Adam Burkhammer, R-Lewis – the intended effect is to allow individuals with religious or conscientious objections to the state’s requirements for school-age immunizations to become foster parents without requiring their own children to be vaccinated in order to broaden the pool of potential foster parents in West Virginia.

“I have had families come to me and say ‘I would love to foster, but I’m an opponent to all of the immunization schedules. And so thus I’m not able to foster,'” Burkhammer said. “So, when we look about recruiting families, I look at this as a tool to bring further foster families in.”

HB 2376 focuses solely on the immunization status of the biological children already in the foster home, not the foster children themselves, who will still be subject to the standard immunization schedule while in state custody.

“We are not talking about immunizations for kids that are in the custody of the state…these children that come in will continue to follow the immunization records up until they leave the home,” Burkhammer said.

The state Senate is considering Senate Bill 460, which will allow parents and guardians to object to the requirements of the state’s program for compulsory immunization of public and private school children by citing a religious or philosophical belief. That bill is on second reading today and up for passage in the Senate Wednesday.

Gov. Patrick Morrisey signed an executive order last month citing the 2023 Equal Protection for Religion Act to allow for religious and conscientious objections to the state’s school vaccination mandates.

State Code requires children attending school in West Virginia to show proof of immunization for diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless proof of a medical exemption can be shown. West Virginia only provides for a narrow medical exemption to immunizations.

HB 2033 prevents DoHS from requiring parents to support government policies on sexual orientation or gender identity if those policies conflict with their beliefs. The bill also prohibits DoHS from denying authorization or placements based on these sincerely held beliefs.

However, the bill clarifies that the department can still consider the religious beliefs of the child and their family of origin when making placement decisions. Furthermore, parents whose rights are violated under this section of the bill can pursue legal action.

The bill sponsor – Del. Jonathan Pinson, R-Mason – argued that the legislation aims to prevent the blanket disqualification of foster parents simply because they hold religious or moral beliefs on issues, such as gender identity. Pinson cited examples in other states that limit the number of parents who can foster due to their political beliefs.

“California now has a statute that entirely excludes any foster parent with traditional views on gender identity from being foster parents…My aim in writing this bill and introducing this legislation is to try to prevent this from happening in West Virginia,” Pinson said.

Pinson repeatedly emphasized that the bill is designed to protect both foster families and foster children, highlighting a subsection of the bill as a critical component for protecting children dealing with issues of sexual orientation or gender identity. Pinson argued that forcing a placement where there is a significant ideological difference would be “a detriment to the child.”

Del. Anitra Hamilton, D-Monongalia, expressed concern that the bill could lead to discrimination against LGBTQ+ children, potentially increasing isolation and impacting their mental health, even leading to increased suicide risk. Hamilton feared that “we’re going to value the themes of the family over the welfare of our children.”

According to the DoHS Child Welfare Dashboard, there were 6,047 children in state custody as of the end of January.

Both HB 2033 and HB 2376 will be up for markup and discussion by the subcommittee on Wednesday.