First and foremost, UMFS acknowledges all the effort that was taken in drafting the 2011 proposed standards. UMFS Staff appreciate all of the opportunities for open communication the State has provided during this revision process.

Regarding the overall content of the proposed standards, most appears clear and reasonable. Specific areas where we felt further clarification and guidance would be helpful are noted below:

22VAC40-131-190. Home Environment.  

S. The applicant shall maintain documentation that household pets receive tests, inoculations, and licenses as required by law.

Clarification needed: does this mean that all vet records are needed for all indoor and outdoor pets or just what are the parameters around this? Also, what specific documentation would be needed in the resource/adoptive parent files to meet this requirement?

22VAC40-131-210. Provider training and development.

Clarification needed as to whether these training topics are required for International families as some of the topics are only pertinent in domestic adoption cases.

22VAC40-131-180. Home Study Requirement

O. A home study conducted for the purpose of parental placement or placement of a child by the licensee shall remain valid for a period of 36 months from the approval date of the study. For adoption cases, before finalization of an adoption in which more than 18 months have passed since the completion date of the study, the licensee may obtain additional state criminal background checks on the applicants and all other adults living in the home of the applicant.

Question: so is it optional to run background checks after 18 months if the adoption hasn’t finalized rather than a requirement?

22VAC40-131-340. Service Plans

Question: does this include children through Child Specific Recruitment (Adoption) programs? (They may not be physically with us, but are receiving services.)

22VAC40-131-510.Provisions for adopting children with special needs:

A. The licensee shall ensure that children with special needs, as defined by § 63.2-1300 of the Code of Virginia, who are legally free for adoption are registered with the Adoption Resource Exchange of Virginia within 30 days of termination of parental rights unless an adoptive family has been identified.

Concern: we have no authority over DSS workers to ensure that this will happen within that timeframe

D. The licensee shall ensure that necessary and appropriate services and treatment are provided to children with special needs, including arranging for necessary services after the final order.

Concern: could be a huge undertaking depending on the case – what are the parameters or guidance around this?

22VAC40-131-250. Intake, acceptance, and placement.

H. Prior to accepting a child for placement in a foster care home, treatment foster care home, short-term foster care home, or an independent living arrangement, the licensee shall gather, review, and document the following information in the child's file:

Question: this makes it sound like the documentation needs to be done for the items laid out in numbers 1 through 8 before the placement of the child is made. We currently collect all this information prior to; however; the documentation of it is typically completed within 5 days of the placement. It may be challenging completing it all prior to placement, especially in those instances when there’s an urgency for placement

Question: There didn’t seem to be a place within the proposed standards that provided guidance around what documentation is required when a child is placed but is discharged prior to 30 days. If a child comes in to care  due to an Emergency Removal Order, is placed in a TFC home, and then the Judge orders them back home at the Preliminary Hearing or a placement disrupts  prior 30 days , what paperwork is required to be completed?

One final question: If these pass, what is our timeframe for implementation?

Thank you for your time and consideration. We’ve appreciated the opportunity to review the proposed standards and provide our comments.

Respectfully,

Nanette Jarratt

John Jenks

United Methodist Family Services

.

The proposed rules prohibit agencies from discriminating based on race, color, gender, national origin, age, religion, political beliefs, sexual orientation, disability and family status.  This blanket prohibition fails to recognize that some agencies are sponsored by religious organizations and that the mission of such Agencies is to place children with members of a specific Church or religious philosophy.  LDS Family Services is one such Agency.  Its mission is to place children with members in good standing of the Church of Jesus Christ of Latter-day Saints.  The Agency was formed by that Church and is sponsored by that Church for such a purpose.  Under constitutional principles of free exercise of religion, LDS Family Services is entitled to discriminate on the basis of religion.  The same is true of other agencies. 

The proposed rule should be revised to reflect the right of religiously-affiliated agencies to discriminate in adoptive and foster placement on the basis of religion.

To Whom It May Concern,

The proposed changes to the child-placeing agency standards don't address the signficant differences between the types of agencies that are all licensed by the same regulations.

A foster care agency a domestic placement agency and an international placement agency conduct very different work and shouldn't be subjected to the same licensing standards. 

Sincerely,

Ryan Hanlon

The proposed regulations say that a licensee cannot discriminate based upon family status.  That seems like too broad of a regulation to put on social workers/agencies.  I think it would be wholly inappropriate to do a family assessment and not be allowed to consider family status as part of a determination for a child placement.  I can imagine many scenarios when a single individual may not be qualified for the same placement as a couple due to the ages, specials needs and number of children being placed. 

I am writing about my concern about the proposed reg concerning faith based adoption agencies. 

I love my country and especially the principles on which it was founded.  Our founding fathers gave the credit to God for many things.  See www.wallbuilders.com for examples of some of these historical documents

I am very concerned in the way our country is heading and I believe that is why we are no longer the most prosperous country in the world.  We have gotten away from our roots and how we were founded.  Do we want to turn this country around and become the greatest country in the world??  If so, let's get back to how it started. 

Please carefully look at the regulation that is being propsed that would limit Christian adoption agencies from accepting Christian applicants.  You may run those great agencies out of your state and make a bigger splash nationwide!!  When other states allow them to continue and you don't, you could get a much worse black eye.

Good morning,

I am writing in response to an article I read concerning revisions to the legal regulations that govern the licensing of adoption agencies in the state.  This article explained that faith-based agencies will be denied the right to provide services in accordance with their religious and moral beliefs.This issue hits very close to home for me as my sister and brother-in-law are currently in the adoption process and waiting to bring their little boy home. 

I am asking you to please protect the rights of these agencies and look at what is best for the child.  There are many loving individuals who are looking for a child to bring home and these agencies all offer different service.  Please allow this type of screening at particular agencies.  Please let me know if there is any more I can do.  This saddens me and I hate to see this option taken away from a child.

Thank you for your time.

Mandy Maddox

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

To Whom it May Conern:

I am writing to express my opposition to the new regulations proposed by the Virginia

Department of Social Services that violate the rights of faith-based child welfare agencies,

and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) is a clear violation of the Constitutional right to the

free exercise of religion and is an attempt to aleviate the rights of one group of citizens at the

expense of another. What's worse is that countless children in Virginia and around the world 

will be denied their fundamental right to a family if it is allowed to become law. I urge you to do 

everything in your power to appose this regulation and protect the right of faith-based 

organizations to continue to serve children.

Sincerely,

 Diane Goins

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

Leigh Ann Thomas

Adoptive Parent, AWAA

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

Nancy Jo Gibson

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

          Sincerely,

          Mary Rockey

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

      I will be following this issue and your response closely.

Concerned,

Cindy Foote

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

On behalf of our congregation, I write to oppose regulation 22 VAC 40-131-170(B) for infringement of free exercise of religion according to the U.S. Constitution and Virginia Constitution and for suppressing orphan care in the state of Virginia.

Our Commonwealth ought to be concerned about the plight of orphans in our state and be freeing up avenues for adoption rather than restricting avenues for orphan care. The ability of private (note-private) adoption agencies to pursue their mission of caring for orphans would be greatly curtailed if they were required to accept anyone into their program instead of those they are equipped and prepared to help adopt children. I and our congregation respectfully call upon the Virginia Department of Social Services to withdraw their proposed policy.

Respectfully,
Pastor Jonathan T. Matías
Grace Church of Alexandria
www.graceofalexandria.org
703.639.4077
 

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

In our United States of America, religious freedom should mean that a faith-based organization can pursue a ministry of adoption. Within that ministry of adoption, the faith organization has the responsibility of establishing acceptable standards for families who wish to adopt based on the values of the faith based organization. Currently, families have a choice to use the state or non-faith based organization if they do not wish to be limited by the standards of the faith-based organization. Virginia, as well as the rest of the United States needs to continue to offer the option of using faith or non-faith based organizations in which to adopt their children. This would continue to be a hallmark of our religious freedeom! 

I am very proud of America World Adoption and the superior standards we use to place children in outstanding homes! We, to date, have placed over 3,000 precious children and they are thriving with these families. Please carefully consider what it means to offer religious freedeom in our Commonwealth.  Thank you! Harriett Hanke

I am a parent currently in the international adoption process with a wonderful faith-based organization that has its headquarters in Virginia.  The primary reason my family is utilizing this Virginia adoption agency is because it's a faith-based organization.  

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

I AM WRITING TO EXPRESS MY OPPOSITION TO NEW REGULATIONS PROPOSED BY THE VIRGINIA DEPARTMENT OF SOCIAL SERVICES THAT VIOLATE THE RIGHTS OF FAITH-BASED CHILD WELFARE AGENCIES, AND WILL DENY COUNTLESS ORPHANED AND VULNERABLE CHILDREN THE RIGHT TO A PERMANENT, LOVING FAMILY. 

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

In regards to the proposed changes in the faith based adoptions agencies, I feel the change would negatively impact the adoption process if an agency were forced to accept all applicants.  My chiltd was born into a Christian environment and raised in a Christian orphanage.  Ideally, it made her transition much easier.  I feel that choosing an agency is a free choice, and I choose a faith based organization that allows me to feel comfortable with a full range of emotions with adoption and the counseling that is needed.  Please allow me to continue this.

am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.
Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.
The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.
This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.
I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.
 

I think that the regulation should not require faith-based adoption organizations to stop screening their potential parents. It would do a disservice to the children, those putting up kids for adoption, and those looking to adopt.

I am writing to express opposition to the proposed Virginia Social Services regulation 22 VAC 40-131-170 (B).  It requires a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency's religiious and moral beliefs.

Agencies that do not comply would be in danger of losing their license.  This is a clear violation of the First Amendment provision that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Let's stand for freedom.

Bill Shirley

The National Council For Adoption (NCFA) expresses concern with the proposed changes to the Minimum Standards for Licensed Private Child-Placing Agencies [22 VAC 40 ? 131]  regarding discrimination on the basis of religion and sexual orientation (22 VAC 40-131-170(B)).  While NCFA prefers no religious position nor do we take a strong position regarding the issue of sexual orientation in adoption, we recognize that many well reputed child placing agencies are faith-based and have sincerely held religious beliefs that are in conflict with these prohibitions were they to be enforced to the extreme. In light of the fact that there are many agency alternatives in Virginia to deal with differing viewpoints, we believe that it would not be in the best interest of children to compromise the great work many faith-based agencies do by eliminating their ability to work on behalf of children while still acting in agreement with their sincerely held religious beliefs. We fear this prohibition has the potential to put faith-based adoption service providers in conflict with state regulations based on deeply held religious beliefs and strongly suggest the inclusion of language that allows for a conscientious-objection for faith-based agencies regarding whether or not to work with adoptive families that are outside of their religious faith or to place children with homosexual families.

NCFA believes that there is no right to adopt, only the right of the child to be adopted. The purpose of adoption is to provide the best possible parents for children, not to provide children for adults who desire to parent. Adoption policy and practice should be guided only by the best interests of the child and eliminating faith-based organizations ability to continue in the great work they do is not in the best interests of the many children whose interests faith-based agencies represent.   

FROM: Victoria Cobb, President of The Family Foundation

DATE: March 31, 2011

RE: Response to Proposed Adoption Standards

Section 22VAC40-131-170(B) of the proposed regulations states, “The licensee shall prohibit acts of discrimination based on race, color, gender, national origin, age, religion, political beliefs, sexual orientation, disability, or family status to: delay or deny a child’s placement; or deny an individual the opportunity to apply to become a foster or adoptive parent.”

This proposal goes far beyond any policy in the Virginia Code.  The Virginia Code clearly details who is eligible to adopt.  In § 63.2-1201.1, it plainly states, “Nothing in this section shall be construed to permit any child to have more than two living parents by birth or adoption, who have legal rights and obligations in respect to the child, in the form of one father and one mother.”  Furthermore, in § 63.2-1225, the Code states, “In determining the appropriate home in which to place a child for adoption, a married couple or an unmarried individual shall be eligible to receive placement of a child for purposes of adoption.”  There is no mistaking intent: in Virginia, only married couples (one mother and one father, as decided by Virginia’s Marriage Amendment to the Constitution) or single individuals can adopt a child.  The current proposal, which includes prohibition of discrimination based on sexual orientation, stands in direct opposition to the confines of the Code. 

Nondiscrimination policies that include sexual orientation, whether enshrined in law or implemented through internal constructs, and regardless of their legal weight, highlight the inevitable and unavoidable clash between the unalienable fundamental right of religious liberty and the postmodern era of sexual freedom. While one may agree or disagree with the actions of individuals or private organizations that express their faith in these ways, their fundamental right to do so is now at risk.

This proposed standard places undue restrictions on birthmothers and consequently adoption agencies.  Within the confines of an adoption conducted through a private agency, a birthmother is due the freedom to choose an adoptive parent of the same religious convictions so that her child may be raised accordingly.  Accordingly, private adoption agencies are deserving of the ability to screen adoptive parents based on the agency’s beliefs or the beliefs of their birthmothers.

This proposal, which tramples religious liberty, is a significant overreach through regulation into unchartered waters prohibited by Virginia Code and Constitution.  I respectfully ask the State Board of Social Services and Department of Social Services to rescind this section of proposed regulations.  Thank you for your consideration.

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

I have borrowed the language of another comment here, as it very eloquently expressed my views. My sister-in-law is a social worked for a faith based organization and this would effectively close the doors of her office. She and the others in her office have impacted countless families and continue to beautifully serve women in crisis pregnancies and families desperate to provide loving homes for children.

JUSTICE- to render what is due

If the government, through some sort of agency, has an interest in regulating the placement of children,   it's interest must be first and foremost pursuing the interest of the children in the context of the common good.  Any political agenda that seeks to further itself at the expense of innocent children is inherently suspect.  The interest of children, as study after study shows, is to be raised in a home of love by a family headed by a mother and father joined in marriage.  Whether someone opposes that traditional idea is quite irrelevant.  What is best for the children is paramount.  No family is perfect and failings occur in all.  But if the goal is to give a child what is best, then denying him or her or them purposefully a mother or father, is to propose the child be shackled with a deprivation unnecessarily.  (The stories on this disaster are coming out as well)  To require that agencies place children "entrusted" to them in a situation where they cannot have the possibility of a mother or a father makes a mockery of adoption.  Would you give up a child if you knew they could/would/should place the child in a disordered home?  Again, if the government, through any agency, seeks to "regulate" adoption, then it has a duty to give the agencies the best chance to place the child(ren) well and not to subvert the needs of children to political correctness.  I have seen the gay guy (is he the Daddy? taking care of "his" new baby girl.  That little girl deserves the chance of a Mom and a home with one.  The state should not deny this little girl such a home or any child.  It is a matter of justice. 

Dear Sirs & Ladies,

I am asking that you intervene in opposition to this regulation 22 VAC 40-131-170 (B) being proposed by the VA Department of Social Services. It is a violation of the First Amendment.

Sincerely, Gloria Campbell

The proposed regulation would forbid any adoption agency from "discriminating" against people due to sexual orientation or family status.  Most cultures today, and virtually every culture in human history has recognized the common sense that children are better off with both a father and a mother, providing them with a masculine and feminine perspective in their upbrining.  Furthermore, the complemetarity of masculinity and femininity is the foundation of married life, helping both the couple and any children they have experience the fullness of humanity; Virginia law recognizes such common sense in limiting marriage to one man and one woman.  Certainly, there are single mothers and fathers who heroically try to raise children without a spouse, but they can testify that it is especially difficult to do so.  That recognition is the basis behind such groups as Big Brothers and Big Sisters that try to provide for a father or mother figure when one is absent.  These regulations not only ignore such common sense, but even forbid adoption agencies from using it.  They would also of course forbid any religious organization, or any organization with family values, from being in the adoption business without violating their consciences.  That would be a violation of religious liberties in a state that has long prided itself on supporting such liberties, dating from the adoption of the Virginia Statute on Religious Liberties before the First Amendment; in fact, on Thomas Jefferson's gravestone is listed the three accomplishments of which he was most proud: author of the Declaration of Independance and of the Virginia Statute on Religious Liberties, and founder of the University of Virginia.  It would also reduce the adoption services available to children by forcing out agencies that have been very helpful.

     To denounce the distinction between active heterosexuals and active homosexuals or between married and single people as "discrimination" ignores the fact that we draw such distinctions all the time.  By attaching any legal consequences to marriage (e.g., taxation, insurance and inheritance benefits, spousal support obligation) the law itself draws a distinction between married and single people.  By limiting marriage to a man and a woman the law likewise draws a distinction between heterosexuality and homosexuality.  Sports, housing and the like also separate men and women drawing distinctions between them.  Some distinctions are irrational, such as limiting adoption to a race or national origin are irrational for these purposes.  But you yourself recognize that other distinctions, such as emotional status, the ability to support children economically, the ability to maintain a clean home, and backgrounds make a difference.  As stated above, it does make a difference whether a child has a mother and a father.  And it does make a difference to anyone with values whether the child's parents will support them.  Even if you do not agree, you should at least recognize that most parents and many in the adoption field do.  For these reasons, this proposed regulation is itself irrational and oppressive to adoption agencies, parents and children.

Please note the strong opposition to this ill considered action.  Not only does it go beyond necessary Virginia law, it is an open invitation to religious discrimination.  Similar actions in England have met with disastrous public results.  We are in a crisis in family stability and structure now, and adding to the potential for placing children in homes other than one man and one woman is a misguided attempt at political correctness at the expense of children.

Please consider liberty instead of actions that have produced documented religious discrimination in other places, and consider the health and well being of children above political pressure groups.  

The proposed law (22VAC40-131-170 Part B) states: "the licensee shall prohibit acts of discrimination based on race, color, gender, national origin, age, religion, political beliefs, sexual orientation, disbaility or family status...".  As a matter of course, this would force all Catholic agencies (and any agency that cares about family values) out of the adoption field.  It is almost incredible that this clear violation of basic religious freedoms and family values has gotten this far in the state of Virginia.  I would ask our legislators to please pay attention to what they are doing!

In adoptions, gender covers a qualification. Sexual preference seems to be pushing an agenda that should not come up in an adoption situation. Someone wanted to adopt a person to have sex with should disqualify them from adoption. Sexual preference seems covered under gender.

Religion also goes too far. Seperation of Church and State seems to control that. There really is no place for delving into into a person's beliefs. They are qualified or not based on our normal qualifications which has worked well for years.

I am writing in opposition to the proposed changes which allow children to be adopted by peopole despitesexula orientation and family status.  I think we do grave harm to children already in a fragile situation by allowing them to be adopted by anybody other than a married couple.

If the proposed licensing guidelines which include prohibiting discrimination based on sexual orientation or family status is passed, the Catholic Charities entity of the Arlington Diocese will not be able to continue its life saving work of placing/adoption services. An agency such as Catholic Charities should be able to include in its screening process any teachings of the Church which would apply. These guidelines would essentially revoke freedom of religion rights to which all citizens of this nation are entitled. Please take into consideration the repercussions of affecting the closing or reduced service capabilities of the adoption and pregnancy services made available through such a valuable charitable institution as Catholic Charities of the Diocese of Arlington.

Thank you for your prayerful consideration of the above.

On behalf of the Virginia Catholic Conference, I write to convey opposition to several aspects of the proposed 22VAC40-131-170B, which is part of the proposed Minimum Standards for Licensed Child Placing Agencies.  The Conference is the public-policy agency of Virginia’s Catholic bishops and their two dioceses. 

The proposed 22VAC40-131-170B states: “The licensee shall prohibit acts of discrimination based on race, color, gender, national origin, age, religion, political beliefs, sexual orientation, disability, or family status to: (1) Delay or deny a child’s placement; or (2) Deny an individual the opportunity to apply to become a foster or adoptive parent.”

The Virginia Catholic Conference has consistently opposed the inclusion of “sexual orientation” in discrimination-related legislation considered yearly by the General Assembly.  The basis for the Conference’s opposition is that sexual orientation is manifested through words or actions, and sometimes those words or actions could conflict with the mission, beliefs, and practices of organizations with certain deeply held convictions and religious beliefs regarding the institution of marriage, the family unit, and human sexuality.  This same rationale also undergirds our current opposition to 22VAC40-131-170B. Including “sexual orientation” and “family status” could force some agencies into a choice of whether to follow their own missions or to adhere to the law.  Forcing this choice is unacceptable because it violates the freedom of conscience and diversity of viewpoint upon which our pluralistic society is based.

It is also important to note that some agencies may currently have requirements for prospective adoptive parents regarding age,and may consider religion when making certain placements.   Where this is the case, the proposed 22VAC40-131-170B would force agencies to alter these practices as well.

In conclusion, faith-based agencies play a vital role in the fabric of our Commonwealth, and their right to carry out their mission in the services they provide must be respected and preserved.

Jeff Caruso, Executive Director

Virginia Catholic Conference

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs.

Agencies that do not comply with this regulation would be in danger of losing their license. This violates the right to religious freedom. Furthermore, families currently have a choice regarding whether they prefer to use the state  or secular adoption agencies if they do not wish to be limited by the standards of the faith-based organization.

This regulation would forbid any religious organization, or any organization with family values, from being in the adoption business without violating their consciences.  That would be a violation of religious liberty. 

The Foster Family-based Treatment Association - Virginia Chapter appreciates the time and effort involved in revision of the minimum standards for licensure. The proposed standards 22VAC40-131 are indicative of Virginia’s ongoing commitment to delivering quality services to children and families.

I share the same concerns that others have stated in their opposition to these regulations. Quit trying to force us to accept the choices that people make as God given Rights.

To Whom It May Concern:

I am writing to you today to request that you NOT approve the proposed Social Service Adoption Standards.  These standards as proposed would force closure of the Catholic Charities Adoption Services and other similar religious adoption service programs.  By forcing the closure of these faith-based adoption services, the Department of Social Services would directly hurt those that it is entrusted to serve.  Furthermore, these proposed standards are in direct CONFLICT with the Virginia Statute of Religious Freedom.  Again, please do NOT approve the proposed Social Service Adoption Standards.

Thank you for your consideration. Gratefully, Paula Hugo

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.  When we started the process for our own daughter from China, we specifically set out to use a Christian agency.  We wanted God to be first and center on both sides of the adoption process.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.

I am writing to express my opposition to new regulations proposed by the Virginia Department of Social Services that violate the rights of faith-based child welfare agencies, and will deny countless orphaned and vulnerable children the right to a permanent, loving family.

Proposed regulation 22 VAC 40-131-170(B) would require a Licensed Private Child Placing Agency to accept any individual who applies to become a foster or adoptive parent regardless of whether that individual shares the agency’s religious and moral beliefs. Agencies that do not comply with this regulation would be in danger of losing their license.

The Commonwealth of Virginia has a long and proud tradition of citizens of faith working together to care for and protect children. In fact, a significant number of children who are adopted today are adopted with the help of faith-based organizations. These groups have been successful at protecting children and providing them with permanent, loving homes because of their tireless advocacy on behalf of children. The proposed regulation, however, would forever silence one of the strongest voices for children in the Commonwealth.

This regulation is a clear violation of the Constitutional right to the free exercise of religion and is an attempt to elevate the rights of one group of citizens at the expense of another. What’s worse is that countless children in Virginia and around the world will be denied their fundamental right to a family if it is allowed to become law.

I urge you to do everything in your power to oppose this regulation and protect the right of faith-based organizations to continue to serve children.

I will be following this issue and your response closely.