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Prosecutor finds fault with controversial Children Services adoption, foster care policy

Blog: County prosecutor: Children Services policy contrary to state law

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By Josh Sweigart, Staff Writer Updated 2:08 AM Saturday, April 11, 2009

HAMILTON — State law doesn’t allow for a proposed Butler County Children Services policy that would give preference in adoption placement to married couples, according to an opinion from the Butler County Prosecutor’s Office.

State law outlines the preferential order to be given to potential adoptive parents. It gives preference first to adult relatives of the child or someone named by the birth mother, then the child’s foster caregiver, then other suitable prospective families.

The local policy — created by former agency director Michael Fox then suspended by commissioners pending legal review — mirrors this list, with one exception.

It adds “Married mother and father as long as such are available unless the agency determines that the placement is not in the best interest of the child,” as second in the order.

This has drawn criticism from single and gay foster parents, as well as the American Civil Liberties Union.

The four-page opinion, delivered to county leaders Friday, April 10, says local children services agencies don’t have the authority to amend that order without a change in statute or a rule change by the director of the Ohio Department of Job and Family Services.

“For this reason, our advice in response to your question is that the policy change recommended by (Fox) is contrary to the mandatory preferential order described in the regulations promulgated by the director of ODJFS,” states the opinion, signed by Assistant County Prosecutor Roger Gates.

“I don’t think (the policy) was proper,” said Commissioner Charles Furmon, the only commissioner to oppose the policy. “We’re advertising like everything in order to find (adoptive parents). I think to try to exclude a certain group is dead wrong.”

Commission President Donald Dixon declined to comment, saying he hadn’t yet read the opinion. Commissioner Gregory Jolivette could not be reached. Both had voiced support of the policy if it passed legal review.

The policy has never been used in an adoption placement, according to Jeff Centers, interim Children Services director. He declined to comment on the prosecutor’s letter.

But the policy — the first of its kind in the state — has drawn support from Cincinnati-based Citizens for Community Values and all four of the county’s state lawmakers.

These two groups cite a legal opinion issued by CCV attorney David Langdon, who deemed the policy in line with federal and state statutes.

Contact this reporter at (513) 820-2175 or jsweigart@coxohio.com.

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