Thursday, March 21, 2013

Kentucky Settles Establishment Clause Case With New Safeguards For Child-Care Agencies

A settlement agreement has been reached in the long-running litigation in Pedreira v. Kentucky Baptist Homes for Children (see prior posting).  Yesterday both ABP and an ACLU press release reported on the Settlement Agreement (full text) in the case in which taxpayers charged that payment of state funds to KBHC for the care of children violates the Establishment Clause. The ACLU describes the settlement terms:
Under the settlement, child-care agencies that contract with the state will be forbidden to discriminate in any manner against any child based on the child's views about religion or to pressure children to participate in religious worship or instruction. Publicly funded child-care agencies and foster homes across the state also will be barred from placing religious items in children's rooms without their consent, and religious materials will be given only to children who request them.
In addition, prior to placing a child with a religiously affiliated child-care agency or foster home, the state will inform children and parents of the provider's religious affiliation, and if the child or parent objects, the state will endeavor to provide an alternative placement.
UPDATE: While the state of Kentucky is agreeing to a settlement, Sunrise Children's Services (formerly known as Kentucky Baptist Home for Children) says in a March 21 press release that it is not and is pressing for a ruling on the merits. It claims that it does not engage in religious coercion, nor does government money subsidize any religious activity.