A bigger tornado in a trashcan

[annathepiper]

If you live in Virginia, please consider contacting your representatives immediately to oppose this bill, and ask any friends of yours who live there to do so as well. Delegates Bob Marshall and Dick Black have introduced a bill banning adoptions by gay people.

Heartbreaking news from Virginia. We've had a lot
of anti-GLBT legislation being introduced
recently, but this is really awful:

Delegates Bob Marshall and Dick Black introduced
a  bill today banning adoptions by gay people.
Be sure to read the last line  below.

HOUSE BILL NO. 2921  Offered January 21, 2005
A BILL to amend and reenact § _63.2-1208_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1208 )

of the Code of Virginia, relating to adoption.

  ---------- Patrons-- Black and Marshall, R.G.
  ---------- Committee Referral Pending  ----------

Be it enacted by the General Assembly of Virginia:
1.  That § _63.2-1208_
( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1208 )
of the Code of Virginia is amended and reenacted as follows:
§ _63.2-1208_
( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1208 )

Investigations; report to circuit court.
      A. Upon receiving a petition and order of reference from the 
circuit court, the applicable agency shall make a thorough 
investigation of the matter and report thereon in writing, in such form 
as the Commissioner may prescribe, to the circuit court within 90 days 
after the copy of the petition and all exhibits  thereto are forwarded. 
A copy of the report to the circuit court shall be served on the 
Commissioner by delivering or mailing a copy to him on or before the 
day of filing the report with the circuit court. On the report to the 
circuit court  there shall be appended either acceptance of service or 
certificate of the local  director, or the representative of the 
child-placing agency, that copies were  served as this section 
requires, showing the date of delivery or mailing. The  Commissioner 
may notify the circuit court within 21 days of the date of delivery or 
mailing of the report as shown by the agency, during which time the 
circuit  court shall withhold consideration of the merits of the 
petition pending review of the agency report by the Commissioner, of 
any disapproval thereof stating reasons for any further action on the 
report that he deems necessary.
      B. If the report is not made to the circuit court within the 
periods specified, the circuit court may proceed to hear and determine 
the merits of the petition and enter such order or orders as the
circuit court may deem appropriate.
     C. The investigation requested by the circuit court shall include, 
in addition to other inquiries that the circuit court may require the 
child-placing agency or local director to make, inquiries as to (i) 
whether the petitioner is financially able, except as provided in 
Chapter 13 (§ _63.2-1300_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1300 )

et seq.) of this title, morally suitable, in satisfactory physical and 
mental health and a proper person to care for and to train the child;
(ii) what the  physical and mental condition of the child is;
(iii) why the parents, if living, desire to be relieved of the 
responsibility for the custody, care and  maintenance of the child, and 
what their attitude is toward the proposed adoption; (iv) whether the 
parents have abandoned the child or are morally unfit  to have custody 
over him;
(v) the circumstances under which the child came to live, and is 
living, in the same home of the petitioner;
(vi) whether the child is a suitable child for adoption by the 
petitioner; and
(vii) what fees have  been paid by the petitioners or on their behalf 
to persons or agencies that have assisted them in obtaining the child. 
Any report made to the circuit court shall include a
recommendation as to the action to be taken by the circuit court on the 
petition. A copy of any report made to the circuit court shall be 
furnished to counsel of record representing the adopting
parent or parents. When the investigation reveals that there may have 
been a violation of § _63.2-1200_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1200 )

   or § _63.2-1218_

(http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1218)

,  the local director or child-placing agency shall so inform the 
circuit court and the Commissioner.

      D. The report shall include the relevant physical and mental 
history of the birth parents if known to the person making the report. 
The child-placing agency or local director shall document in the report 
all efforts they made to encourage birth parents to share information 
related to their physical and mental history. However, nothing in this 
subsection shall require that an investigation of the physical and 
mental history of the birth parents be made.

      E. If the specific provisions set out in §§ _63.2-1228_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1228 )

,  _63.2-1238_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1238 )

,  _63.2-1242_

(http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1242)

   and _63.2-1244_

( http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+63.2-1244 )

do not apply, the petition and all exhibits shall be forwarded to the 
local director where the petitioners reside or to a licensed 
child-placing agency.

      F. No person under this statute may adopt if that person is a 
homosexual.

Comments

[neutronjockey.livejournal.com]

Anna,
I wonder if there has ever been a documented case of adopted or foster child abuse amongst gay couples. Even though a relatively new issue compared to the life span of adoption and foster systems; I cannot recall to any cases. Hetero couples, especially in impoverished areas are notorious for adopting couples under the state system just to supliment their welfare income (I saw one case where a woman had adopted 10 kids just to get the 500.00/mo per child to suppliment her $1600.00 welfare to support her drug habit, sad/but true). Sadly the state systems (example FLORIDA) are overburdened with special adoption cases and an state system with too much red tape or in this case Missing Foster Children (http://www.freep.com/news/childrenfirst/child30_20020830.htm) One example of estimated thousands of children that are 'missing' in the Florida state adoptin system.
...sorry didn't mean to further dampen..
-=Jeff=-

[annathepiper]

Not a problem... it's difficult to adopt a kid even if you're not queer, I know. And situations such as the ones you describe certainly don't make it any easier.

But I can't recall hearing of a case of any gay or lesbian couples abusing their children, whether adopted or the natural born child of one or the other partners. I'm sure if such a case ever arose, though, the press would have a field day with it. Especially in Virginia. :( Queer folk are not perfect; I couldn't say that it wouldn't ever happen. But I hope for the sake of combating laws such as this--not to mention for the sake of the children--that it doesn't.

Me, I've too much firsthand experience with abusive home environments, and there's way too much of it amongst my circle of friends as well. The world has way too much child abuse in it already.

[starfallz.livejournal.com]

Bleagh. That is just wrong.

[annathepiper]

Yes, quite... and all I can think is "here we go". Said it before, I'll say it again; it's going to be a long four years.