Hamilton County commissioners approved a landmark agreement Wednesday that guarantees a child's race will no longer be a factor in adoptions.

        The agreement ends a three-year legal battle over a county policy that made it more difficult for prospective parents to adopt children of a different race.

Lisa and Michael Zaret claimed in a lawsuit that county policies slowed adoptions of African-American children, such as the youngster they adopted. (Tony Jones photo) | ZOOM |

        Believed to be the first of its kind in the nation, the agreement calls for the appointment of an outside monitor to ensure the county follows federal laws barring the consideration of race.

        “This covers everybody who intends to adopt kids from Hamilton County,” said Scott Greenwood, a Cincinnati attorney who sued the county in 1999 on behalf of parents who attempted to adopt children of another race.

        “It really is systemwide. This is very important.”

        In the lawsuit, the prospective parents claimed the county's adoption policies forced African-American children to wait much longer for adoption than other children.

        They argued that the county's goal of matching black children with black parents was unfair to the children as well as to the couples who would provide them with loving homes.

        Opponents of interracial adoptions contended that the county's policy — and similar practices in other states — protect the children by seeking parents who can guide them through their cultural growth.

        Recent changes in federal laws, however, have mandated that adoptions be colorblind whenever possible.

        County officials say they have abandoned the policy of considering race and already have made most of the changes called for in the agreement that was approved Wednesday.

        The agreement — known as a consent decree — still requires the approval of a federal judge. That approval is expected later this year.

        “Everything in the decree we've been doing for about a year or more,” said Laurie Petrie, spokeswoman for the county's Department of Job and Family Services. “Race has been taken out of the discussion altogether.”

        Last year, county officials say, nearly one-fifth of adoptions in the county involved at least one parent of a different race than the child.

        Of the 117 children currently available for adoption, two-thirds are African-American.

        Mr. Greenwood said compliance with the consent decree should speed up the adoption process, especially for African-American children.

        That's welcome news to some of the parents who were part of the original lawsuit.

        Michael Zaret of Anderson Township said he and his wife, Lisa, joined the lawsuit because of the delays they experienced when trying to adopt a 2-year-old black toddler.

        “They put up one hurdle after another for us to crawl through,” Mr. Zaret said. “I'm glad there's an end to this and there will be some changes.”

        Mr. Zaret said their son, now 5, is doing well.

        Under terms of the consent decree, the county does not admit wrongdoing but will be required to submit annual reports about its compliance with federal laws barring the consideration of race.

        The county also will hire a full-time monitor for at least five years to oversee its compliance.

        “(The consent decree) means we are very, very carefully following federal law,” Ms. Petrie said.

        The decree does not require the county to pay monetary damages, but it does order payment of $400,000 in attorney fees.

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