Federal law prohibits the use of race, color, or national origin (RCNO) as a factor in selecting a placement, with extremely limited exceptions. The RCNO of a child or of a potential foster or adoptive family should not be a factor in selecting a placement except in rare situations when staff can document compelling individualized circumstances that make this necessary. Texas law mandates compliance with this federal law. If a biological parent requests selection of a placement based on RCNO, CPS staff must explain that this is prohibited by federal law.

42 U.S.C. §1996b, the Multiethnic Placement Act of 1994 as amended by the Interethnic Adoption Provisions of 1996

Texas Family Code §262.114 Evaluation of Identified Relatives and other Designated Individuals; Placement

To avoid violating these laws, staff must read and follow the directions in Appendix 4115: Information to Consider About Race, Color, and National Origin (RCNO) in Placement Decisions. In those rare circumstances when RCNO is considered as a factor, the following staff members must collaborate to make the placement decision:

• Caseworker
• Caseworker’s supervisor
• FAD worker or case manager
• FAD worker’s or case manager’s supervisor

A program director must approve the final decision.

For further guidance on this complex issue, consult the regional attorney.