Lambda Legal Applauds West Virginia Court Order Restoring Custody of Foster Child to Lesbian Mothers

‘The West Virginia high court has ruled in the best interests of this child. We applaud them for rejecting the that would have removed her from the only home she ever knew.’
(Charleston, WV, June 8, 2009) - The of Appeals of West Virginia ruled Friday that a foster child should be returned to her foster , Kathryn and , reversing an lower court ruling that sought to remove the child on the basis that her placement was not with a “.” filed a friend-of-the-court brief representing several .
“The West Virginia high court has done the right thing in ruling in the best interests of this child. We applaud them for rejecting the that would have removed her from the only home she ever knew,” said Greg Nevins, Supervising Senior in ’s in Atlanta. “Children in West Virginia need to and care for them and that’s what the state should want, too.”

filed a friend-of-the-court brief with the court on February 19, 2009, on behalf of Foster Children Alumni Association, CASA (Court Appointed Special ) of the , (Children of and Everywhere), and West Virginia to the reversal of a order removing the then year- from the home of Kathryn and . The removal was ordered after the couple indicated that they wished to adopt the child. The accepted the view of the ad litem that the Department of and Human Resources (DHHR) should only pursue an placement for the child in a “,” consisting of both a mother and a father. The GAL also sought a statewide barring foster children from being placed in homes. Friday’s ruling reverses this lower court finding, allows the child to remain with her foster , and permits the possibility that this home where the child has thrived eventually will be the placement for the child.

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