La. Admin. Code tit. 67 § V-401

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-401 - Interethnic Adoption Provisions

A. The Office of Community Services and its subrecipients involved in adoption or foster care placements may not:

1. deny to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the adoptive or foster parent, or the child involved; or

2. delay or deny the placement of a child for adoption or into foster care on the basis of the race, color, or national origin of the adoptive or foster parent, or the child involved.

B. The term placement decision means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of OCS and its subrecipients to seek the termination of birth parents' rights or otherwise make a child legally available for adoptive placement.

C. Any individual who is aggrieved by an action in violation of §401. A taken by OCS or its subrecipients shall have the right to bring an action seeking relief in a United States district court of appropriate jurisdiction.

D. Nothing in §401 shall be construed to affect the application of the Indian Child Welfare Act of 1978, 25 U.S.C. 1901 et seq.

La. Admin. Code tit. 67, § V-401

Promulgated by the Department of Social Services, Office of Community Services, LR 21:1353 (December 1995), amended LR 24:702 (April 1998).

AUTHORITY NOTE: Promulgated in accordance with P.L. 104-188, Section 1808.