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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP |
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Subtitle E. PROTECTION OF THE CHILD |
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Chapter 264. CHILD WELFARE SERVICES |
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Subchapter B. FOSTER CARE |
Sec. 264.108. RACE OR ETHNICITY
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(a) The department may not make 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.
(b) 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, the department may not:
(1) deny, delay, or prohibit placement of a child in foster care because the department is attempting to locate a family of a particular race or ethnicity; or
(2) remove a child from foster care with a family that is of a race or ethnicity different from that of the child.
(c) The department may not remove 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:
(1) strengthen the emotional ties between the child and the family; or
(2) increase the potential of the family's desire to adopt the child because of the amount of time the child and the family are together.
(d) This section does not prevent or limit the department's recruitment of minority families as foster care families, but the recruitment of minority families may not be 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) An employee who violates this section is subject to immediate dismissal.
(f) The department by rule shall define what constitutes a delay under Subsections (b) and (d).
(g) 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.