Friday, September 10, 2021

After 20 Years Of Litigation, Suit On Religion In Child Placement Is Settled And Dismissed

This week, a Kentucky federal district court dismissed the remaining Establishment Clause claim in Pedreira v. Sunrise Children's Services, Inc., (WD KY, Sept. 8, 2021), after both plaintiffs and defendants filed a joint motion for voluntary dismissal with prejudice. The case, which involves a challenge to Kentucky's funding of treatment for abused and neglected children in facilities operated by Sunrise Children's Services, a Baptist organization, has been in litigation for 20 years. On Sept. 9, Americans United announced that in January the parties had entered an 18-page, single-spaced Settlement Agreement (full text) which sets out in detail provisions to prevent children in child care facilities and foster home placements from having unwanted religious activities imposed and assures respect for a child's religious preference.  It also requires respect for a child's sexual orientation and gender identity. Parts of the settlement were required to be incorporated into state regulations. A previous settlement agreement had been held unenforceable. (See prior posting.)