California : Family Code: 7950-7952
(provided by Divorce Source, Inc.)
7950. (a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement in foster care is being made, the following considerations shall be used:
(1) Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts shall be made to locate an appropriate relative. Before any child may be placed in long-term foster care, each relative whose name has been submitted to the agency as a possible caretaker, either by himself or herself or by other persons, shall be evaluated as an appropriate placement resource.(b) An agency or entity to which subdivision (a) applies may consider the cultural, ethnic, or racial background of the child and the capacity of the prospective foster parents to meet the needs of a child of this background as one of a number of factors used to determine the best interest of a child.
(2) No agency or entity that receives any state assistance and is involved in foster care placements may do either of the following:
(A) Categorically deny to any person the opportunity to become a foster parent, solely on the basis of the race, color, or national origin of the foster parent or the child involved.
(B) Delay or deny the placement of a child in foster care, or otherwise discriminate in making a placement decision, solely on the basis of the race, color, or national origin of the foster parent or the child involved.
(c) As used in the section, "placement decision" means the decision to place, or to delay or deny the placement, of a child in a foster care home.
(d) Nothing in this section precludes a search for an appropriate relative being conducted simultaneously with a search for a foster family.
7951. This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed 30 days.
7952. A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor's right to make a statement is not limited to the initial placement, but continues for any proceedings concerning continued placement or a decision to return to parental custody.
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