§ 9-9-102 - Religious preference -- Removal of barriers to interethnic adoption -- Preference to relative caregivers for a child in foster care.

9-9-102. Religious preference -- Removal of barriers to interethnic adoption -- Preference to relative caregivers for a child in foster care.

(a) In all custodial placements by the Department of Human Services in foster care or investigations conducted by the department pursuant to court order under 9-9-212, preferential consideration shall be given to an adult relative over a nonrelated caregiver, provided that the relative caregiver meets all relevant child protection standards and it is in the child's best interest to be placed with the relative caregiver.

(b) The department and any other agency or entity that receives federal assistance and is involved in adoption or foster care placement shall not discriminate on the basis of the race, color, or national origin of the adoptive or foster parent or the child involved nor delay the placement of a child on the basis of race, color, or national origin of the adoptive or foster parents.

(c) If the child's genetic parent or parents express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the court shall place the child with a family that meets the genetic parent's religious preference, or if a family is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.

(d) The court shall not deny a petition for adoption on the basis of race, color, or national origin of the adoptive parent or the child involved.