West Virginia Rules in Best Interests of Child

The West Virginia Supreme Court ruled unanimously Friday that Kathryn Kutil and Cheryl Hess, a lesbian couple who have been fostering an 18-month-old girl since shortly after she was born, can maintain custody and not turn the child over to an opposite-sex couple for adoption, as ordered by a lower court.

The Supreme Court ruling takes the lower court to task in no uncertain terms:

Despite the number of times that this Court has stated the best interest of the child is the polar star upon which decisions involving children are to be based, DHHR did not even consider whether the individual needs of B.G.C. would be best served by removing her from Petitioners’ care, but instead opted for a swift and ready solution to the problem the agency created. . . .

It is more than apparent that the only reason why Petitioners were being replaced as foster care providers was to promote the adoption of B.G.C. by what Respondent called in his November 12, 2008, order a “traditionally defined family, that is, a family consisting of both a mother and a father.” It was only by addressing issues he anticipated would develop and believed would be problems at a later point in this case that Respondent was even able to reach the subject of this conclusion. The conclusion itself thus represents a blurring of legal principles applicable to abuse and neglect and adoption. . . .

In the present case, all indications thus far are that B.G.C. has formed a close emotional bond and nurturing relationship with her foster parents, which can not be trivialized or ignored. . . . As such, it serves as a classic example of a case in which the permanency plan for adoption should move quickly to the desired result of a permanent home for B.G.C.

Congratulations to Kutil and Hess. I hope their petition for adoption is indeed successful and they may continue to nurture their family bonds.