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Adoption laws are fundamentally flawed

| January 11, 2010 8:00 PM

The laws surrounding termination of parental rights, foster care and adoption are fundamentally flawed.

First of all, federal funds encourage adoption over preserving the family partly to avoid “rewarding” the “bad” parents with resources, while adoptive parents are perceived as “good” and deserving.

Secondly, as the law stands now, the parent cannot inspect the foster home or criticize the care that is being provided. The home is supposed to foster the parent-child relationship.

If the foster family gets to have “standing” — the right to argue about the child’s best interests in court — then it should also be subject to inspection. Finally, the decision of who should adopt the child should not be left to the sole discretion of the department.

In Joey Blackford’s case, the mother believed he had bonded with the Blackfords and should stay with them.

The difference is about money. The state does not receive certain funds unless the parental rights are terminated. A private voluntary adoption proceeding simply would not do.

Until the law is changed, the courts can do nothing. The foster family loses as a matter of law and any decision to the contrary will be reversed on jurisdictional grounds. Let us call for better legislation, financial incentives and resources to preserve the family first and foremost, and legal standing for every person who claims a relationship with the child and who represents the child’s best interest out of love.

VAL THORNTON

Upper Pack River Road