WICHITA, Kan. — Kansas’ child welfare agency isn’t contesting a judge’s decision that found the agency improperly reversed an adoption decision for three children.

The Wichita Eagle reports that Judge Kevin Smith confirmed Monday that the children would be adopted by their foster family. Welfare officials attempted to place them with their grandfather, David Rose Sr., who believes he wasn’t chosen because he’s a single black man living in a fourplex while the foster family is a married white couple in the suburbs.

Smith said in court that the “most compelling reason against choosing Mr. Rose” was the possible involvement of the children’s biological parents, whose parental rights had been relinquished. The foster family’s attorney says the family wants Rose to continue to be a part of the children’s lives as their grandfather.

Information from: The Wichita (Kan.) Eagle, http://www.kansas.com