Reisman v. Tennessee Department of Human Services
Reisman v. Tenn. Dep’t of Human Servs., 843 F.Supp. 356 (W.D. Tenn. 1993).
NATURE OF THE CASE: This lawsuit involved state law and policies regarding the adoption of placement of biracial children.
FACTS: The Reismans were foster parents for a biracial child. The policy of the Department of Human Services (DHS) was that a child of mixed race was to be placed in a mixed race family or a black family if the heritage was black and white. The Reismans filed this suit in 1990 and elected to apply to be adoptive parents of the biracial child in their care. The Reismans were investigated they were permitted to adopt.
This lawsuit was filed under the Civil Rights Act, 42. U.S.C. 1983. The Reismans contend that race should not be a factor in the placement decision of biracial children. In the alternative, the Reismans contend that new parents should be required to address the racial, ethnic, and cultural needs of each child. DHS denies that it discriminates against biracial children in placing them for adoption because race is only one factor considered in making their determinations.
ISSUE: Is race a factor to consider in the adoption of children?
RULE OF LAW: Yes. Race is a factor to consider in the adoption of children.
HOLDING AND DECISION: Children of mixed heritage must be classified as biracial by the department and their adoptions must take into account their mixed heritage background and the willingness of the adoptive parents to nurture that child in the proper environment. The Department’s present policy regarding adoption decisions on behalf of biracial children of a white and a black biological parent is violative of the Equal Protection Clause of the Fourteenth Amendment. DHS is enjoined from classifying biracial children as either black or white. The department is ordered to consider adoptions based on their biracial heritage.