BILL ANALYSIS



C.S.H.B. 2262
By: Conley
May 3, 1995
Committee Report (Substituted)


BACKGROUND

The Texas Department of Protective and Regulatory Services is
prohibited, as a result of the passage of H.B. 196, 73rd
Legislature, Regular Session, from denying or delaying the
placement of children in adoptive or foster families based on race
or ethnicity.

The bill did not explicitly define what constitutes a delay, nor
did it make exceptions for a child who may be detrimentally
affected by placement with a family of a particular race or
ethnicity.

PURPOSE

The proposed C.S.H.B. 2262 prohibits the Texas Department of
Protective and Regulatory Services from considering race or
ethnicity as a primary factor in adoption or foster care
placements.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Protective and Regulatory Services under
SECTION 1 (Section 162.308(e), Family Code) and SECTION 2 (Section
264.108(f), Family Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 162.308, Family Code, as added by H.B.
655, Acts of the 74th Legislature, Regular Session, 1995, as
follows:

     Sec. 162.308. RACE OR ETHNICITY. (a) Prohibits the department,
county child-care or     welfare unit, or licensed child placing
agency from making an adoption placement     decision on the
presumption that placing a child in a family of the same race or
ethnicity  as the race or ethnicity of the child is in the best
interest of the child.   Deletes language    concerning the denial
or delay of placement.

     (b) Prohibits the department, county child-care or welfare
unit, or licensed child placing    agency from denying, delaying,
or prohibiting the adoption of a child because the          department, county or agency is attempting to locate a family of a
particular race or       ethnicity, unless an independent
psychological evaluation specific to a child indicates           that placement with a family of a particular race or ethnicity
would be detrimental to       the child.

     (c) Provides that this section does not prevent or limit the
recruitment of minority       families as adoptive families, but
prohibits the recruitment of minority families from         being
a reason to delay the placement of a child with an available family
of a race or        ethnicity different from that of a child.

     (d) Subjects a state or county employee who violates this
section to immediate dismissal.    Subjects a licensed child-playing agency that violates this section to action by licensing     agency as a ground for revocation or suspension of the
agency's license.

     
     (e) Requires the department, by rule, to define what
constitutes a delay under               Subsections (b) and (c).

     (f) Authorizes a district court, on the application for an
injunction or the filing of a           petition complaining of a
violation of this section by any person residing in the county   in which the court has jurisdiction, to enforce this section
by issuing appropriate orders.     Declares that an action for
injunction is in addition to any other action, proceeding, or         remedy authorized by law. Entitles an applicant or
petitioner who is granted an       injunction or given other
appropriate relief under this section to the costs of the suit.

SECTION 2.  Amends Section 264.108, Family Code, as added by H.B.
655, Acts of the 74th Legislature, Regular Session, 1995, as
follows:

     Sec. 264.108.  RACE OR ETHNICITY.  (a) Prohibits the
department from making a      foster care placement decision on the
presumption that placing a child in a family of the    same race or
ethnicity as the race or ethnicity of the child is in the best
interest of the     child.  Deletes language concerning the delay
of placement or removal from foster care.

     (b) Prohibits the department, unless an independent
psychological evaluation specific to    a child indicates that
placement or continued living with a family of a particular race  
         or ethnicity would be detrimental to the child, from
denying, delaying, or prohibiting       placement of a child in
foster care because the department is attempting to locate a          family of a particular race or ethnicity; or removing
a child from foster care with a         family that is of a race or
ethnicity different from that of the child.

     (c) Prohibits the department from removing a child from foster
care with a family that       is of a race or ethnicity different
from that of the child for the sole reason that continued   foster
care with the family may strengthen the emotional ties between the
child and the  family, or increase the potential of the family's
desire to adopt the child because of the     amount of time spent
together.

     (d) Declares that this section does not prevent or limit the
department's recruitment of        minority families as foster care
or adoptive families.  Prohibits the recruitment of         minority families from being a reason to delay placement of a child
in foster care with      an available family of a race or ethnicity
different from that of a child.

     (e) Subjects an employee who violates this section to
immediate dismissal.

     (f) Requires the department to define, by rule, what
constitutes a delay under                    Subsections (b) and
(d).

     (g) Authorizes a district court, on the application for an
injunction or the filing of a           petition complaining of a
violation of this section by any person residing in the county   in which the court has jurisdiction, to enforce this section
by issuing appropriate orders.     Declares that an action for
injunction is in addition to any other action, proceeding, or         remedy authorized by law.  Entitles an applicant or
petitioner who is granted an       injunction or gives other
appropriate relief under this section to the costs of the suit.

SECTION 3.  Emergency clause.  Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2262 adds SECTION 1 to amend Section 162.308 of the Family
Code relating to adoption placement decisions based on race or
ethnicity.  The committee substitute amends Section 264.108, Family
Code, in SECTION 2 (SECTION 1 of original version) by adding
subsections to provide that the recruitment of minority families is
not cause to delay the placement of a child, to subject an employee
in violation of this section to immediate dismissal, to grant the
department rulemaking authority under this section, and to provide
for the enforcement of this section in district court.  

SUMMARY OF COMMITTEE ACTION

H.B. 2262 was considered in a public hearing on April 26, 1995.

The following person testified in favor of the bill:
     Rita Powell, representing Texas Association of Licensed
Childrens Services.

The following person testified neutrally on the bill:
     Pat Devin, representing Texas Department of Protective and
Regulatory Services.

The committee considered a complete substitute which was adopted
without objection.

H.B. 2262 was reported favorably as substituted with the
recommendation that it do pass and be printed by a record vote of
8 ayes, 0 nays, 0 pnv, 1 absent.