Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Sunday, November 20, 2005

Arkansas Appeals Gay Foster Parent Ruling

An Arkansas law banning foster parents from having adult "homosexuals" living in their households is now under review by a state appellate court, where the state filed written briefs Thursday. Judge Timothy Fox ruled last December that the Child Welfare Agency Review Board did not have the authority to lay down moral regulations, but could only dictate matters that affected the "health, safety and/or welfare" of the children in the foster system. Based on trial testimony, Judge Fox concluded that the gay men and lesbians who might be expected to pass the standard foster parenting investigation would pose no danger to a child's health, safety or welfare. Consequently, the board exceeded its mandate under state law, and the provision was illegal. Source. Ann Rostow, PlanetOut Network, For more information, please click here (last visited November 20, 2005, reo).

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