AN UPDATE ON UTAH ADOPTION LAW. Tuesday, November 11, 2014. Here is an article/story from KSL last night that has sparked much controversy in the fostering/adoption arena. l.facebook/l.php?u=http%3A%2F%2Fm.ksl%2Findex%2Fstory%2Fsid%2F32303480%3Fmobile_direct%3Dy&h=CAQHrlUqd&enc=AZOjpeL_wWokmEAEPZD8i8tbUswUtoUGbH3-WAF_Ws-jW8QYE-zT7kEyidkJg1T6Kc2fzYpxFPIeG-vH8u24jpgZyRTxk7o05F0mLsu4UEnX_Y-LUDjdRMtLXHmjcxyNW0lQnn2EpkWt1KNeJjJ75jk9&s=1 Here is my initial response to the various points and counter-points raised in some other forums: Guys, there are a ton of considerations here. All of the points have merit to one degree or another, depending upon the fact-intensive unique circumstances of a particular case. One thing that everyone should do is read the C.C. decision, which is what his KSL story is based on. I think the court got it right in that particular case, however, I also believe that its holding has resulted in some unintended consequences in other cases. There need to be changes made in this area of the law. I know personally Marty Shannon, have worked side by side with her in a number of settings to bring about positive changes in our adoption/fostering laws. She is incredibly knowledgeable, and a passionate advocate for the rights and best interest of children in Utah foster care. Bottom line, at SOME POINT you have to make a decision: are we going to permit relatives to come into the picture, and disrupt a successful placement with foster parents, where children are flourishing (and have been for a substantial period of time, in some cases years), and where the children want to stay? And would we want to disrupt that placement if the foster parents are willing to have an open adoption in which kinship relationships can be maintained and can be now enforced under Utah law? Dont we have to say at X date (for example 120 days after placement in foster care) if no kinship have come forward, and legitimate and reasonable efforts made by DCFS to identify kinship possibilities have been exhausted, that for the best interests, stability, and finality in the lives of children, the foster parents should be able to adopt? If not 120 days, is there some other amount of time? I can see reasonable minds disagreeing about that time line. There is much to say on this topic. Im going to take some time and prepare a more detailed point-by-point response. I will say that we have to come up with a better solution than attorneys making a ton of money that should otherwise be going to the raising of these children. Yup, thats right, Im a lawyer, and I just said that. Those who know me and how I practice, know that I mean it, and it is reflected in the attorneys fees I charge. In the meantime, while I work on a more detailed response to the concerns raised in this thread, here is the link to the C.C. decision if anyone would like to read it. utcourts.gov/opin.../supopin/InreCC1326050713.pdf
Posted on: Wed, 12 Nov 2014 05:34:02 +0000
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