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Utah reviews order to take baby from lesbian foster parents

Posted at 12:40 PM, Nov 12, 2015
and last updated 2015-11-12 12:40:12-05

SALT LAKE CITY (AP) — Utah child welfare officials are reviewing an order by a juvenile court judge to take a baby from her lesbian foster parents and place her with a heterosexual couple for the child's well-being.

Judge Scott Johansen's ruling Tuesday in the central Utah city of Price raised concerns at the Utah Division of Child and Family Services, agency spokeswoman Ashley Sumner said. Its attorneys plan to review the decision and determine what options they have to possibly challenge the order.

The ruling came during a routine hearing for April Hoagland and Beckie Peirce. They are part of a group of same-sex married couples who were allowed to become foster parents in Utah after last summer's U.S. Supreme Court ruling that made gay marriage legal across the country, Sumner said.

Attempts to reach Hoagland and Peirce on Wednesday were not successful, but the couple told KUTV that they are distraught after the ruling. It calls for the baby girl they have been raising for three months to be taken away within a week.

They said the judge cited research that children do better when they are raised by heterosexual couples. Hoagland believes Johansen actually imposed his religious beliefs.

"We are shattered," she told the Salt Lake City TV station. "It hurts me really badly because I haven't done anything wrong."

Johansen is precluded by judicial rules from discussing pending cases, Utah courts spokeswoman Nancy Volmer said.

A full transcript of his ruling has not been made public and may not be because court records of cases involving foster children are kept private to protect the kids, Sumner said.

Sumner said she can't speak to specifics of the case but confirmed that the couple's account of the ruling is accurate — the judge's decision was based on the couple being lesbians. The agency isn't aware of any other issues with their performance as foster parents.

State officials don't keep an exact count but estimate there are a dozen or more foster parents who are married same-sex couples.

All couples are screened before becoming foster parents.

"We just want sharing, loving families for these kids," Sumner said. "We don't really care what that looks like."

The ruling has generated national buzz, triggering a heated response from the Human Rights Campaign. The gay rights group called the order shocking, outrageous and unjust.

Democratic presidential candidate Hillary Rodham Clinton also tweeted about it.

"Being a good parent has nothing to do with sexual orientation — thousands of families prove that," she wrote on her Twitter account, with a link to the KUTV story.