1-1 By: Zaffirini S.B. No. 1487
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1487 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to prohibiting the consideration of race or ethnicity as a
1-11 factor in adoption or foster care placements.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 162.308, Family Code, as added by H.B.
1-14 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-15 amended to read as follows:
1-16 Sec. 162.308. RACE OR ETHNICITY. (a) The department, a
1-17 county child-care or welfare unit, or a licensed child-placing
1-18 agency may not make an adoption placement decision on the
1-19 presumption that placing a child in a family of the same race or
1-20 ethnicity as the race or ethnicity of the child is in the best
1-21 interest of the child <deny or delay placement of a child for
1-22 adoption or otherwise discriminate on the basis of the race or
1-23 ethnicity of the child or the prospective adoptive parents>.
1-24 (b) Unless an independent psychological evaluation specific
1-25 to a child indicates that placement with a family of a particular
1-26 race or ethnicity would be detrimental to the child, the
1-27 department, county child-care or welfare unit, or licensed
1-28 child-placing agency may not deny, delay, or prohibit the adoption
1-29 of a child because the department, county, or agency is attempting
1-30 to locate a family of a particular race or ethnicity.
1-31 (c) This section does not prevent or limit the recruitment
1-32 of minority families as adoptive families, but the recruitment of
1-33 minority families may not be a reason to delay placement of a child
1-34 with an available family of a race or ethnicity different from that
1-35 of the child.
1-36 (d) A state or county employee who violates this section is
1-37 subject to immediate dismissal. A licensed child-placing agency
1-38 that violates this section is subject to action by the licensing
1-39 agency as a ground for revocation or suspension of the agency's
1-40 license.
1-41 (e) The department by rule shall define what constitutes a
1-42 delay under Subsections (b) and (c).
1-43 (f) A district court, on the application for an injunction
1-44 or the filing of a petition complaining of a violation of this
1-45 section by any person residing in the county in which the court has
1-46 jurisdiction, may enforce this section by issuing appropriate
1-47 orders. An action for an injunction is in addition to any other
1-48 action, proceeding, or remedy authorized by law. An applicant or
1-49 petitioner who is granted an injunction or given other appropriate
1-50 relief under this section is entitled to the costs of the suit,
1-51 including reasonable attorney's fees.
1-52 SECTION 2. Section 264.108, Family Code, as added by H.B.
1-53 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-54 amended to read as follows:
1-55 Sec. 264.108. RACE OR ETHNICITY. (a) The department may
1-56 not make a foster care placement decision on the presumption that
1-57 placing a child in a family of the same race or ethnicity as the
1-58 race or ethnicity of the child is in the best interest of the child
1-59 <prohibit or delay the placement of a child in foster care or
1-60 remove a child from foster care or otherwise discriminate on the
1-61 basis of race or ethnicity of the child or the foster family>.
1-62 (b) Unless an independent psychological evaluation specific
1-63 to a child indicates that placement or continued living with a
1-64 family of a particular race or ethnicity would be detrimental to
1-65 the child, the department may not:
1-66 (1) deny, delay, or prohibit placement of a child in
1-67 foster care because the department is attempting to locate a family
1-68 of a particular race or ethnicity; or
2-1 (2) remove a child from foster care with a family that
2-2 is of a race or ethnicity different from that of the child.
2-3 (c) The department may not remove a child from foster care
2-4 with a family that is of a race or ethnicity different from that of
2-5 the child for the sole reason that continued foster care with that
2-6 family may:
2-7 (1) strengthen the emotional ties between the child
2-8 and the family; or
2-9 (2) increase the potential of the family's desire to
2-10 adopt the child because of the amount of time the child and the
2-11 family are together.
2-12 (d) This section does not prevent or limit the department's
2-13 recruitment of minority families as foster care families, but the
2-14 recruitment of minority families may not be a reason to delay
2-15 placement of a child in foster care with an available family of a
2-16 race or ethnicity different from that of the child.
2-17 (e) An employee who violates this section is subject to
2-18 immediate dismissal.
2-19 (f) The department by rule shall define what constitutes a
2-20 delay under Subsections (b) and (d).
2-21 (g) A district court, on the application for an injunction
2-22 or the filing of a petition complaining of a violation of this
2-23 section by any person residing in the county in which the court has
2-24 jurisdiction, may enforce this section by issuing appropriate
2-25 orders. An action for an injunction is in addition to any other
2-26 action, proceeding, or remedy authorized by law. An applicant or
2-27 petitioner who is granted an injunction or given other appropriate
2-28 relief under this section is entitled to the costs of the suit,
2-29 including reasonable attorney's fees.
2-30 SECTION 3. This Act takes effect September 1, 1995.
2-31 SECTION 4. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *