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.