Utah judge orders baby removed from same-sex foster parents and placed with and placed with heterosexual family
The Judge
Edit UPDATE:
The women, who are legally married and were approved as foster parents in Utah earlier this year after passing home inspections, background checks and interviews from DCFS, said the judge told them there was a lot of research that indicated children who are raised in same-sex parent homes do not do as well as children who are raised by heterosexual parents.
"It hurts me really badly because I haven't done anything wrong," said April.
The women say the baby has thrived in their home since she arrived three months ago. They want to adopt her and grow their family. They are already raising Beckie's children who are 12 and 14.
They say the foster child's state-appointed attorney supports them as does the biological mother of the baby - she wants her child to stay with her foster mothers.
Attorney Mandie Torgerson, who represents the baby's biological mother, said Johansen did not cite the research he referenced in court saying only that there are "a myriad" of studies that support his order.
Torgerson said her client is upset. She will appeal the judge's order at a hearing has been set for early December.
Brent Platt, Director of the state's Division of Child and Family Services, said he had not seen the judge's order - but his caseworkers must comply. At the same time, he wants to make sure his caseworkers don't break the law by removing the child. He will have his division's attorneys look at the judge's order.
"For us, it's what's best for the child," he said.
The Judge
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Edit UPDATE:
A Utah judge who initially ruled that a foster child be removed from the home of a lesbian couple has rescinded his order, according to court documents signed Friday.
Juvenile court Judge Scott Johansen had ordered Tuesday that the child be removed from the home and sent "to a more traditional home," according to the Utah Division of Child and Family Services.
But Johansen has since amended his original ruling, crossing out the line in the order that read "The Court orders the Division to place the child with a duly married, heterosexual foster-adoptive couple within one week. The Division's motion to stay the execution of this order until the best interest hearing is held is denied."
By doing so, he reversed his verbal order.