BILL ANALYSIS


                                                    C.S.S.B. 1487
                                                    By: Zaffirini
                                        Health and Human Services
                                                          4-20-95
                                   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

As proposed, C.S.S.B. 1487 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 Texas
     Department of Protective and Regulatory Services (department)
     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 the
       child.
       
       (d) Subjects a state or county employee who violates this
       section to immediate dismissal.  Subjects a licensed child-placing agency that violates this section to action by the
       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
     denial or delay of placement.
     
     (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 that 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 the child.
       
       (e) Subjects an employee who violates this section to
       immediate dismissal.
       
       (f) Requires the department to define, by rule, what
       constitute 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
       given other appropriate relief under this section to the
       costs of the suit.
SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.