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Texas Family Code - Section 162.308. Race Or Ethnicity

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 162.308. Race Or Ethnicity

§ 162.308. RACE OR ETHNICITY.  (a) The department, a 
county child-care or welfare unit, or a licensed child-placing 
agency may not make 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.
	(b)  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, the 
department, county child-care or welfare unit, or licensed 
child-placing agency may not deny, delay, or prohibit the adoption 
of a child because the department, county, or agency is attempting 
to locate a family of a particular race or ethnicity.
	(c)  This section does not prevent or limit the recruitment 
of minority families as adoptive families, but the recruitment of 
minority families may not be a reason to delay placement of a child 
with an available family of a race or ethnicity different from that 
of the child.
	(d)  A state or county employee who violates this section is 
subject to immediate dismissal.  A licensed child-placing agency 
that violates this section is subject to action by the licensing 
agency as a ground for revocation or suspension of the agency's 
license.
	(e)  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, shall enforce this section by issuing appropriate 
orders.  An action for an injunction is in addition to any other 
action, proceeding, or remedy authorized by law.  An applicant or 
petitioner who is granted an injunction or given other appropriate 
relief under this section is entitled to the costs of the suit, 
including reasonable attorney's fees.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 879, § 1, eff. June 16, 
1995.

Last modified: August 11, 2007