rrizzo@bbncca.ARPA (Ron Rizzo) (09/10/85)
Here's more news about the foster care controversy in New Hampshire: an article by Sharon Vardatira from the 8/31-97/85 GCN, pages 1 & 3, quoted without permission. N.H. FOSTER POLICY BARS `PRACTICING HOMOSEXUALS' Concord, NH -- The New Hampshire Division for Children and Youth Services has issued a foster care licensing policy directive to social workers which explicitly excludes placement of foster children with "practicing homosexuals." The June 28 directive, which has not yet been publicly released, emphasizes the division's intent to place children with "relatives, or in families with married couples, preferably with parenting experience." The directive goes on to instruct social workers to take the following steps once they "become aware that a foster parent is a practicing homosexual: a. make no further placements in the home; b. do not re-issue or renew a license; c. assess the risk of harm to any child(ren) currently placed in the home; d. if immediate harm to a child currently placed in the home exists, remove the child, based on the immediate harm; e. if no immediate harm to a child currently placed in the home exists, consider the best interest of the child in conjunction with good social work practice and the standard removal and replacement procedures." The division's directive was issued without approval of the attorney general's office just weeks after the UNION LEADER [a Manchester daily newspaper with an ultraconservative bent] printed an article naming Thomas Herman, "a known homosexual," as a foster parent. (See GCN, Vol. 13, No. 2) Both the attorney general's office and the New Hampshire Civil Liberties Union (NHCLU) have raised questions about the legality of the division directive. because the division did not follow the state Administrative Procedures Act, which includes a public hearing, they are in violation of state statutes. Jon Meyer, attorney for the NHCLU, attacked the content as well as the legality of the directive as "discriminatory and in violation of the right to equal protection. It singles out one segment of the popu- lation and prohibits them from being foster parents. The state's `privi- lege, not a right' argument is not sufficient to enact a directive which discriminates against one segment of the population." Lorri Platt of the attorney general's office claimed that the office had not seen the directive as of August 16. However, a meeting between that office and the divison was held August 21, and a proper procedure for adopting the directive is expected to result. The NHCLU intends to testify against the policy when the public hearing is scheduled. In addition, they will consider challenging the legality of the rule should it closely resemble the June 28 directive. "It is clear," Meyer said, "that the division should have enacted the Administrative Procedures Act from the beginning. Now they are only looking for a rationale for a rule they have already adopted." [ Net lawyers & jurists: even if the rule is approved once APA procedures have been satisfied, can all effects of the rule's application before such approval be overturned? ] Linda Kent, Director of Youth Services, Inc., of Keene, the private licensing agency involved with Thomas Herman, indicated that the division directive is being followed despite its questionable legality. She added that the local agencies are required to follow any mandate that the state issues [ true? If so, is a non-APA-enacted directive a "mandate" ? ], and that "it would not be in the children's best interest for an agency to bring themselves notoriety by challenging the state." Kent had earlier told GCN that lesbian/gay placements are appropriate for some children, "especially when the parents are upfront about their sexu- ality and can provide a solid home environent." Thomas Herman received a letter in mid-July revoking his license to operate a foster care facility. Gail DeGoosh, foster care specialist with the division, admitted that the policy was not legally binding. Though no one has challenged the directive, she indicated that "if anyone did, the division would probably lose." The division intends to form a committee comprised of former foster parents [including gay ones?], agency staff, and members of the Action Committee for Foster Parents, a subdivision of Child and Family Services of Manchester [Why conservative Manchester? Concord's the state capital, Nashua & Portsmouth are also cities], to draft the formal policy. DeGoosh could not estimate when the committee would propose the "new" policy and did not see any need to revoke the current directive in the meantime. In a related development, Sullivan County (NH) Representative Mildred Ingram has filed a Legislative Services Request (LSR), indicating her intent to submit a bill this legislative session entitled an "Act Prohibiting Homosexuals from Adopting or Operating Foster Care Homes." The content of the bill is not yet available, but must be submitted by October. Jan Schaffer, lobbyist for the New Hampshire Women's Lobby, acknowledged that the success of the bill will depend on the support of other well-respected legislators. With such support, Schaffer feels that the bill may be "one of the most dangerous pieces of legislation this session and one of the most difficult to defeat." Last spring, a bill sponsored by Ingram which would have made the donation of blood by lesbians and gay men a felony was defeated (See GCN, Vol. 12, No. 30.) A citizens' rights organization is now forming to respond to lesbian and gay legislative issues, specifically Ingram's proposed legislation. The first meeting of the group, which may also address the foster policy directive, will be in Concord on September 12 [Wed- nesday this week], 6:30 p.m. [For a phone number to call for information about the meeting, see the 8/31-9/7/85 issue of GCN, page 3] ********************* Netters who belong to NH gay organizations: what's happening to fight these threats? Conservative Republican governor John Sununu is popular and has even garnered occasional praise from Democrats and liberals (eg, the Boston Globe). He's also a professor of civil engineering at Tufts University in Medford, MA. What's his position, role if any, likelihood of opposing the policy and legislation described above? New Hampshirite netters, gay Republicans, Tufts students & graduates, parents, & other interested parties: how about writing letters to NH officials & legislators? Regards, Ron Rizzo