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Foster Parenting
chapter 5 | I’m Mom, She’s Mommy (or I’m Daddy, He’s Papa) | 149 Foster Parenting Growing numbers of foster care placement agencies are placing children with gay and lesbian foster parents. Children who need foster homes are those who have become wards of the state for one reason or another— most often, because they have suffered abuse or neglect by their birth parents or because they have gotten into trouble with the law. Foster placements can last anywhere from days to years. A foster parent is only a temporary guardian of a child, and in most cases the state attempts to rehabilitate the neglectful or abusive parent with the goal of returning the child to them. If the reunification is unsuccessful, the foster parent may get the opportunity to adopt—and in many states, there is a growing acceptance of adoption by foster parents—but as a foster parent, you must face the fact that the child may be returned to his or her family of origin. States pay foster parents a monthly amount for support of each foster child. The amount varies, but in many urban areas the allowance is several hundred dollars per month. Obviously, people don’t become foster parents for the money. Still, the monthly stipend can help pay the bills. Some kids in foster care may be gay teenagers who can’t get along with their parents—often the underlying problem is the teen’s emerging sexual identity. Others may be children of gay or lesbian parents removed from the parents’ home because of neglect, substance abuse, or another problem. In both of these cases, placement with an LGBT family can provide the most supportive environment possible. In some cities, such as New York, San Francisco, Los Angeles, and Trenton, New Jersey, agencies have actively recruited gay foster parents for such placements. On the other hand, in many places, an LGBT household has no chance of being approved as a foster home. Nebraska, for example, will not place foster children with lesbian or gay parents, and North Dakota allows only married couples to become foster parents. A battle has been raging in Arkansas for a few years over whether the state must allow lesbians and gay men to serve as foster parents. The state Supreme Court ultimately struck down a ban on foster care by lesbians and gay men, and the legislature responded in March 2007 by introducing a bill that would ban gay people and most unmarried 150 | A Legal guide for Lesbian and Gay Couples heterosexual couples who live together from adopting or serving as foster parents. In November 2008, the voters passed the Unmarried Couple Adoption Ban, making it illegal for any couples or individuals cohabiting outside of a valid marriage to be foster parents or adopt children. Although the purpose of the measure was to prohibit same-sex couples from being adoptive or foster parents, it also has the effect of keeping all otherwise qualified couples who are not legally married from adopting or being foster parents. In 2011, the Arkansas Supreme Court unanimously struck down the ban as unconstitutional. In West Virginia, the Supreme Court recently prevented the removal of a foster child from the lesbian family she was living with, rejecting a lower court’s ruling that foster children should be placed with “traditional families.” Some states accept LGBT families but then give them low priority for placement. And it sometimes happens that children are placed for foster care with an LGBT couple or family, and then removed when a homophobic social worker or judge learns about the situation. Just such a case went all the way to the Illinois Supreme Court, where a lesbian fought and won a battle to keep custody of a young boy who lived with her for two years but was removed—and returned to his abusive grandparents—when a young social worker recommended against his continued placement. The court held that the child’s best interests would be served by allowing his foster parent to adopt him. Applying to Become a Foster Parent If you want to become foster parents, how out can you be? Should one partner apply to the licensing agency as a single person, or should you apply as a couple? And what is involved in the process? A single adult sharing space with another adult can become a licensed foster parent in most states. So if you want to keep your relationship private, have one person apply as a single individual. But foster care placement is always supervised by an agency and the court, so be prepared to have social workers march into your home to look about. chapter 5 | I’m Mom, She’s Mommy (or I’m Daddy, He’s Papa) | 151 Generally, being closeted is risky. The agency may find out the truth, but more likely, the child will, and it’s not appropriate to ask the child to lie. Before you can become a foster parent, your home must be licensed by an agency (state operated or private) approved by the state. To get a list of agencies, call the foster-home division of the county welfare department. Finding an agency willing to place foster kids with lesbian and gay couples may take a little work. Ask a local LGBT organization which agencies are sympathetic. Agencies and social workers willing to make such placements often keep a low profile, believing they are more effective that way. Because you can be licensed by only one agency at a time, investigate carefully before you choose to make sure you have found the most gayfriendly agency. Once you select an agency, you fill out an application and are interviewed by an employee of the agency. Some common requirements for foster parents are: • you should be able to provide a separate room for the child • you must undergo a medical exam to make sure you are in reasonably good health • you must be fingerprinted—ex-felons and sex offenders aren’t eligible, and • if you’re open to having a young child placed with you, you must demonstrate that you have time to care for the child or have arranged for child care. Above all, you must demonstrate that you are stable and responsible and will provide a good temporary home for a child who has often already suffered trauma. You may have a choice of getting a general foster-home license and having the agency place a child, or becoming licensed as a foster home for a particular child. When on the general list, you have the option of refusing a child if you and the child don’t hit it off. Getting licensed to foster a specific child works differently, as described in this example. Example: Michael and Ron had befriended Scott, a gay boy of 14. Scott was living at an institution and on weekend days caught a bus to Michael and Ron’s. They drove him back in the evenings. On Thanksgiving, Scott said to Ron, “Wouldn’t it be great to live here 152 | A Legal guide for Lesbian and Gay Couples all the time?” Ron sighed. “It’d be wonderful—but it’s impossible. We all know that.” Later, Michael and Ron wondered if it really was impossible. They contacted Scott’s social worker, who agreed that placing Scott in Michael and Ron’s home would be good for him. The social worker sent Michael and Ron the application forms, and a license was granted. Scott lived happily in Michael and Ron’s home. Getting licensed as a foster parent takes some paperwork. Usually the agency will assist you with it, so you shouldn’t need an attorney. If, however, you want some help or you think you’re being discriminated against, you may need to hire a lawyer. It’s often easier for a gay person or couple to become licensed foster parents than it is to actually have children placed in their home. And because foster placement is always considered temporary, the child can be removed at your request, the child’s request, or the request of the agency or government probation officers. So there are uncertainties to being a foster parent, especially for an LGBT family. Placing Gay Kids (and Kids of Gays) in Gay Homes Placing gay kids, especially teens, in large group homes can be problematic because of homophobia and the special needs of LGBT (and questioning) youth. Some agencies will approve stable, caring, gay households for placement of LGBT teenagers or children of gay or lesbian parents who need foster care. If you have a particular interest in fostering a lesbian or gay teenager and you live in an area where the foster care agency is supportive, let your caseworker know. Tip In California, numerous agencies support placement of lesbian and gay youth with LGBT families. The Foster Licensing Division of the Department of Social Services in San Francisco licenses lesbian and gay foster homes. In Los Angeles, Gay and Lesbian Adolescent Social Services (GLASS) certifies gay and lesbian families to become licensed foster parents. GLASS also runs group homes to place gay, lesbian, and HIV-positive teens. A private agency called Alternative