; or (B) after accepting a certificate, facilitate a mutually voluntary referral that does not unreasonably delay or disrupt the adoption or foster care evaluation and placement process. (2) Misrepresentation After accepting a certificate, a provider of adoption or foster care services may terminate its relationship with a prospective parent who makes a material misrepresentation of a fact that the prospective parent knew or should have known that the agency specifically requested. Such agency shall provide a referral consistent with subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose its right under subsection (c)(2)(B)(ii) to reasonable payment for services actually performed. (3) Protection for custodial parents A private organization that has received Federal financial assistance through the certificate program prescribed by subsection (c)(1) shall not discriminate against the custodial parent of a child in foster care because of the custodial parent’s race, color, national origin, religion, sex, sexual orientation, or gender identity with respect to the monitoring of a parent whom the provider has previously endorsed or with whom the provider has placed a child. (e) Miscellaneous (1) Custody of child in foster care For purposes of this section, a child in foster care shall be deemed to be in the legal custody of the State. (2) Rule of construction Nothing in this section shall be construed to prohibit an entity receiving Federal financial assistance for adoption, foster care, or related services from making an individualized placement assessment in the best interest of the child’s health, safety, and welfare. (3) Effective dates (A) In general Except as described in subsection (e)(1)(B), the protections under subsection (b) shall become effective on the date of enactment. (B) Religious provider exemption (i) Section (b)(1) shall come into effect with respect to a religious adoption or foster care provider 12 months after the State where the provider operates has implemented the certificate program as