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.
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