Downtown Lawyer

The West Virginia Supreme Court ruled that Kathryn Kutil and Cheryl Hess, a lesbian couple, was entitled to an order preventing the removal of one of their seven foster children to a “traditional” home.  In late 2007, the couple accepted the baby who was born with cocaine and oxycodone in her bloodstream.  A month later, the guardian ad litem filed a motion to remove the baby from the “homosexual environment,” calling it “detrimental to the child’s overall welfare and well-being.”  The Department of Health and Human Resources added that the Kutil-Hess house had seven children in it, which exceeded the state limit on five unrelated children.  The trial court ordered that the child be transferred to a home with a father and a mother.
On appeal, the West Virginia Supreme Court found that the child “has formed a close emotional bond and nurturing relationship with her foster parents, which cannot be trivialized or ignored.”  The court further noted that the department caused that problem and “ignored any consideration of the impact relocation would have on Baby Girl C’s emotional, physical, and mental development.”  Finally, the court held that the couple “should not be excluded from consideration for the reason stated by respondent.”  For the full story, click here.