Overturned a lower court's ruling, the West Virginia Supreme Court has ruled that an infant foster child should not be removed from the custody of a same-sex couple. The decision was the topic of a June 5 article by Tim Huber of the Associated Press:

In an unsigned opinion issued Friday, the court barred enforcing Fayette County Circuit Judge Paul Blake Jr.'s order that the girl should be taken away from Kathryn Kutil and Cheryl Hess. The girl has remained in the couple's custody throughout the court proceedings.

The court noted there was no reason to believe the girl wasn't thriving with Hess and Kutil, and said there was no legal reason to take her away from the couple.
Instead, the court said either Hess or Kutil, as qualified foster parents, "would at the very least need to be considered if not favored in the selection of the prospective adoptive home."

Born to a drug-addicted mother in December 2007, the infant had spent her entire life in the care of Kutil and Hess. But in November 2008, Circuit Judge Paul Blake ruled that the state's Department of Health and Human Resources could approve removing the infant from Kutil and Hess's care. The West Virginia Supreme Court was unanimous in its decision to overturn Blake's ruling.

Labels: same-sex couples, foster_care, court

Posted By: Aspen/CRC