DOCSLIB.ORG

The Multiethnic Placement Act Minorities in Foster Care and Adoption

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Multiethnic Placement Act Minorities in Foster Care and Adoption U.S. COMMISSION ON CIVIL RIGHTS The Multiethnic Placement Act Minorities in Foster Care and Adoption BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Visit us on the Web: www.usccr.gov J U LY 2 0 1 0 U . S . Commission on Civil Rights ME M BE rs OF thE Commission The U.S. Commission on Civil Rights is an independent, Gerald A. Reynolds, Chairman bipartisan agency established by Congress in 1957. It is Abigail Thernstrom, Vice Chair directed to: Todd Gaziano • Investigate complaints alleging that citizens are being Gail Heriot deprived of their right to vote by reason of their race, color, Peter N. Kirsanow religion, sex, age, disability, or national origin, or by reason Arlan D. Melendez of fraudulent practices. Ashley L. Taylor, Jr. • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Michael Yaki because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Martin Dannenfelser, Staff Director • Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws U.S. Commission on Civil Rights because of race, color, religion, sex, age, disability, or 624 Ninth Street, NW national origin, or in the administration of justice. Washington, DC 20425 • Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws (202) 376-8128 voice because of race, color, religion, sex, age, disability, or (202) 376-8116 TTY national origin. www.usccr.gov • Submit reports, findings, and recommendations to the President and Congress. • Issue public service announcements to discourage discrimination or denial of equal protection of the laws. This report is available on disk in ASCII Text and Microsoft Word 2003 for persons with visual impairments. Please call (202) 376-8110. U.S. Commission on Civil Rights The U.S. Commission on Civil Rights is an independent, bipartisan agency established by Congress in 1957. It is directed to Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices. Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin. Submit reports, findings, and recommendations to the President and Congress. Issue public service announcements to discourage discrimination or denial of equal protection of the laws. Members of the Commission Gerald A. Reynolds, Chairman Abigail Thernstrom, Vice Chair Todd Gaziano Gail Heriot Peter N. Kirsanow Arlan D. Melendez Ashley L. Taylor, Jr. Michael Yaki Martin Dannenfelser, Staff Director U.S. Commission on Civil Rights 624 Ninth Street, NW Washington, DC 20425 (202) 376-8128 (202) 376-8116 TTY www.usccr.gov This report is available on disk in ASCII Text and Microsoft Word 2003 for persons with visual impairments. Please call (202) 376-8110. The Multiethnic Placement Act: Minorities in Foster Care and Adoption A Briefing Before The United States Commission on Civil Rights Washington, DC Briefing Report Letter of Transmittal The President The President of the Senate The Speaker of the House Sirs and Madam: The United States Commission on Civil Rights (Commission) is pleased to transmit this report, The Multiethnic Placement Act: Minorities in Foster Care and Adoption. A panel of experts briefed members of the Commission on September 21, 2007 regarding the enactment of the Multiethnic Placement Act (MEPA) and its effect on reducing the amount of time minority children spend in foster care or wait to be adopted. The panelists also discussed transracial adoptions and whether they serve children's best interests and assessed the Department of Health and Human Services' (HHS) effectiveness in enforcing MEPA. Based on that discussion, the Commission developed the findings and recommendations that are included in this report. Among its findings, the Commission notes that the number of children in foster care, a disproportionate number of whom are black, has grown over the last generation. However, since MEPA and its subsequent amendments became law, the adoption of black children by white couples has increased and the amount of time they spent in foster care decreased by four months on average between 2000 and 2004. The Commission also noted that although MEPA encourages state and local entities to recruit foster and adoptive parents who reflect the ethnic and racial diversity of the children, it does not discourage transracial adoption or require a preference for same-race placement, The Commission recommends that HHS continue its vigorous enforcement of MEPA by conducting compliance reviews and imposing sanctions as necessary to ensure that states, agencies and government personnel are in compliance with its provisions prohibiting the use of race in placement decisions. The Commission also recommends that Congress allow reimbursement for legal guardianship similar to that currently provided for adoption, reiterating an earlier recommendation made by the General Accountability Office. This would help increase the number of homes available for permanent placement of African American and other special needs children. Most importantly, it is in children's best interests to be placed in safe and secure homes. Part A, which consists of the body of this report, was approved by Commissioners Gaziano, Melendez, Reynolds, Taylor, and Thernstrom on December 4, 2009. Commissioners Heriot and Yaki abstained. Commissioner Kirsanow did not vote. Vote tallies for each of the Commission's findings and recommendations, which make up Part B of the report, are noted therein. Table of Contents v Table of Contents Executive Summary.................................................................................................................. 1 Findings and Recommendations............................................................................................... 7 Summary of Proceedings ........................................................................................................ 11 First Panel: Enacting and Enforcing MEPA and an Assessment of Minority Children in Foster Care.......................................................................................................................... 12 Joan Ohl .......................................................................................................................... 12 Kay Brown ...................................................................................................................... 14 Discussion ....................................................................................................................... 17 Second Panel: The Best Interests of Children and the Role of Race................................. 20 J. Toni Oliver .................................................................................................................. 20 Joseph Kroll .................................................................................................................... 23 Rita Simon ...................................................................................................................... 26 Discussion ....................................................................................................................... 28 Third Panel: Has MEPA Achieved Its Goal? .................................................................... 32 Thomas Atwood.............................................................................................................. 32 Ruth McRoy.................................................................................................................... 35 Elizabeth Bartholet.......................................................................................................... 37 Linda Spears.................................................................................................................... 39 Discussion ....................................................................................................................... 41 Statements: First Panel........................................................................................................... 47 Joan Ohl .............................................................................................................................. 47 Kay Brown.......................................................................................................................... 61 Statements: Second Panel ...................................................................................................... 65 J. Toni Oliver ...................................................................................................................... 65 Joseph Kroll .......................................................................................................................
Load more

Recommended publications
  • Where Do Black Children Belong, the Politics of Race Matching in Adoption
    University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 MAY 1991 No. 5 ARTICLES WHERE DO BLACK CHILDREN BELONG? THE POLITICS OF RACE MATCHING IN ADOPTION ELIZABETH BARTHOLETt TABLE OF CONTENTS I. EARLY FRAGMENTS FROM ONE TRANSRACIAL ADOPTION STORY ............................. 1164 t Professor of Law, Harvard Law School. I am grateful to the many family members, friends, and colleagues who gave generously of their time reading and commenting on previous drafts. Special thanks go to: Anita Allen, Laura Armand, Robert Bennett, David Chambers, Nancy Dowd, Derek DuBois, Gerald Frug, MaryJoe FrugJoan Hollinger, Michael Meltsner, Frank Michelman, Martha Minow, Robert Mnookin, Alan Stone, Deborah Stone, Gerald Torres, Harriet Trop, and Ciba Vaughan. I am also indebted to those professionals and scholars in the adoption field whose names are listed infra note 50, who helped illuminate for me the nature of current racial matching policies and their impact on children. An abbreviated version of this Article will appear in a chapter of a forthcoming book by the author on adoption, reproductive technology, and surrogacy, with the working title of ChildrenBy Choice, to be published by Houghton Mifflin. (1163) 1164 UNIVERSITY OFPENNSYLVANIA LAW REVIEW [Vol. 139:1163 II. THE HISTORY ............................... 1174 III. CURRENT RACIAL MATCHING POLICIES ............. 1183 A. A Picture of the Matching Process at Work .......... 1186 B. The Proverbial Tip of the Iceberg-Of Written Rules and Documented Cases ....................... 1189 1. Laws, Regulations, and Policy Guidelines Mandating Consideration of Race in the Placement Decision ..................... 1189 2. Cases Documenting the Removal of Black Children from White Foster Families to Prevent Transracial Adoption .............
    [Show full text]
  • Transracial Adoption and Gentrification: an Essay on Race, Power, Family, and Community Twila L
    Boston College Third World Law Journal Volume 26 Issue 1 Black Children and Their Families in the 21st Article 4 Century: Surviving the American Nightmare or Living the American Dream? 1-1-2006 Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community Twila L. Perry [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/twlj Part of the Civil Rights and Discrimination Commons, Family Law Commons, and the Land Use Planning Commons Recommended Citation Twila L. Perry, Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community, 26 B.C. Third World L.J. 25 (2006), http://lawdigitalcommons.bc.edu/twlj/vol26/ iss1/4 This Symposium Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Third World Law Journal by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. TRANSRACIAL ADOPTION AND GENTRIFICATION: AN ESSAY ON RACE, POWER, FAMILY AND COMMUNITY Twila L. Perry* Abstract: In this article, Professor Perry ªnds common ground between the two seemingly disparate contexts of transracial adoption and gentriª- cation. Professor Perry argues that both transracial adoption and gen- triªcation represent contexts in which, in the future, there may be increasing competition for limited resources. In the former case, the limited resource is the healthy Black newborn. In the later, it is desirable, affordable housing in the centers of our cities. After explaining how a competition between Blacks and whites over Black newborns could arise, Professor Perry argues that in any such competition, Blacks will increas- ingly ªnd themselves at a disadvantage stemming from the consequences of institutionalized racism.
    [Show full text]
  • Trans-Racial Foster Care and Adoption: Issues and Realities (Pdf)
    2013 massachusetts family impact seminar Trans-Racial Foster Care and Adoption: Issues and Realities by fern Johnson, ph.D., with the assistance of stacie Mickelson and Mariana lopez Davila Trans-racial adoption (TRA), the adoption of children of one race by parents of another, has grown rapidly since the middle of the 20th century, but this adoption option remains controversial [1]. In the state system through which children move from foster care to adoption, there are more white parents who want to adopt than there are white children waiting for homes, and children of color are less likely than white children to be placed in a permanent home. Legislative efforts to amend these discrepancies by promoting TRA have not significantly improved placement statistics. This report describes the positions of advocates on both sides of the TRA debate and explores methods for increasing the number of permanent placements of children into loving stable homes. DeMograpHiC anD proCESS perspeCtiVes on FOSTER Care anD aDoption who are the children waiting for homes and families? massachusetts court data for 2008 indicate that 2,272 children were adopted in the state, with approximately one-third (712) of these adoptions occurring through the public agency system [2]. in fy 2011, the number of public agency adoptions in the state was 724 [3]. in 2011, more than 7,000 children under the age of 18 were in the adoption placement system in massachusetts; 5,700 were in foster care and the rest in other arrangements, including group homes [4]. adoption was a goal for 32% (2,368) of these children.
    [Show full text]
  • Is There Room in Your Heart and Your Home for a Waiting Child?
    Easy toLove Is there room in your heart and your home for a waiting child? Many of our waiting children have minor or correctible medical conditions, are older or in sibling groups, and they need loving, adoptive families. See children who need families today by visiting the Waiting Child section of the Holt International website www.holtinternational.org/waitingchild/photolisting finding families for children Dear Readers Christina* greeted me a few years ago at the home of her foster family in Romania. She was 12 years old, with dark eyes, and dark hair pulled back into a SUMMER 2006 VOL. 48 NO. 3 HOLT INTERNATIONAL CHILDREN’S SERVICES ponytail that framed her pretty face. I was surprised by how normal and healthy P.O. Box 2880 (1195 City View) Eugene, OR 97402 she looked. Ph: 541/687.2202 Fax: 541/683.6175 OUR MISSION I expected her to look, well… sick. After all, Christina was HIV-positive. Instead I Holt International is dedicated to carrying out God’s plan for every child to have a permanent, loving family. found a girl on the cusp of adolescence who wore the unadorned, fresh beauty of In 1955 Harry and Bertha Holt responded to the conviction that youth. God had called them to help children left homeless by the Korean War. Though it took an act of the U.S. Congress, the Holts adopt- “So this is the face of AIDS,” I marveled. ed eight of those children. But they were moved by the desperate plight of other orphaned children in Korea and other countries In this issue of Holt International magazine, we feature a look at the range of as well, so they founded Holt International Children’s Services in order to unite homeless children with families who would love work Holt is doing around the world for children affected by HIV/AIDS.
    [Show full text]
  • Discouraging Racial Preferences in Adoptions
    Discouraging Racial Preferences in Adoptions Solangel Maldonado* More than 20,000 white Americans go abroad each year to adopt children from other countries, the majority of whom are not white. At the same time, there are more African American children available for adoption than there are African American families seeking to adopt them. While Americans claim there are few healthy infants available for adoption in the United States, hundreds of African American newborns each year are placed with white families in Canada and other countries. Tracing the history of transracial adoption in the United States, this Article argues that one reason why Americans go abroad to adopt is race. The racial hierarchy in the adoption market places white children at the top, African American children at the bottom, and children of other races in between, thereby rendering Asian or Latin American children more desirable to adoptive parents than African American children. Drawing on the rich literature on cognitive bias, this Article debunks the myths about domestic and international adoptions and shows that racial preferences, even if unconscious, play a role in many Americans’ decisions to adopt internationally. This Article proposes that the law discourage adoptions based on racial preferences by requiring that Americans seeking to adopt internationally, while there are available children in the United States who meet their non-race-based criteria, show non-race-based reasons for going abroad. * Associate Professor, Seton Hall University School of Law. J.D. 1996, Columbia Law School. I am grateful to Michelle Adams, Mark Alexander, Ruby Andrew, Carlos Bellido, Carl Coleman, Kevin Kelly, Jason Gardner, Timothy Glynn, Tristin Green, Rachel Godsil, Charlie Sullivan, the participants in the 12th International Society of Family Law Conference in Salt Lake City, the participants in the Second National POC in Washington, D.C., and the participants in the LatCrit X Conference in San Juan, Puerto Rico, for their helpful comments.
    [Show full text]
  • Misleading and Misrepresenting the American Youth: “Little Orphan Annie” and the Orphan Myth in the Twentieth Century ___
    MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY ________________ A Senior Honors Thesis Presented to The Faculty of the Department of The Honors College University of Houston ________________ In Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts _______________ By Amanda G. Beck May 2020 MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY _______________________________________ Amanda G. Beck APPROVED: _______________________________________ Marina Trninic, Visiting Assistant Professor Honors College Thesis Director ______________________________________ Douglas Erwing, Lecturer Honors College Second Reader _____________________________________ Robert Cremins, Lecturer Honors College Honors Reader _______________________________ William Monroe Dean of the Honors College ! MISLEADING AND MISREPRESENTING THE AMERICAN YOUTH: “LITTLE ORPHAN ANNIE” AND THE ORPHAN MYTH IN THE TWENTIETH CENTURY ________________ An Abstract of a Senior Honors Thesis Presented to The Faculty of the Department of The Honors College University of Houston ________________ In Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts _______________ By Amanda G. Beck May 2020 ! Abstract ____________________________ This interdisciplinary thesis examines the myth of the orphan in twentieth-century America as exemplified through the recurring story of “Little Orphan Annie,” an iconic American figure of independence, resilience, and optimism. By providing historical context and literary analysis for each of Annie’s crucial moments in the twentieth century, this thesis shows how the character has advanced a misguided perception of orphan and youth agency. While evolving to represent different decades of American society in the twentieth century through different mediums, Annie has further misled Americans in their perception of orphan and youth agency.
    [Show full text]
  • Intercountry Adoption: an Overview for the Practitioner Rosanne L
    Masthead Logo Global Business & Development Law Journal Volume 7 | Issue 2 Article 9 1-1-1994 Intercountry Adoption: An Overview for the Practitioner Rosanne L. Romano University of the Pacific, McGeorge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/globe Part of the International Law Commons Recommended Citation Rosanne L. Romano, Intercountry Adoption: An Overview for the Practitioner, 7 Transnat'l Law. 545 (1994). Available at: https://scholarlycommons.pacific.edu/globe/vol7/iss2/9 This Comments is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in Global Business & Development Law Journal by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. Intercountry Adoption: An Overview for the Practitioner Then Pharaoh,the king of Egypt, instructedthe Hebrew midwives.., to kill all Hebrew boys as soon as they were born.... [Aft this time a Hebrew [couple] married.., and a baby son was born to them. When the baby's mother saw that he was an unusually beautiful baby.., she made a little boat[,]... put the baby in it, and laid it among the reeds along the river's edge.... [Olne of the Pharaoh'sdaughters... [found the boat].... When she opened it, there was a baby! And he was crying. This touched her heart. ... Later... he became her son. She named him Moses. -Exodus 1:15-2:101 TABLE OF CONTENTS I. INTRODUCTION .............................................. 546 II. HISTORY ................................................... 548 III. CONSIDERATIONS IN INTERCOUNTRY ADOPTION .................. 550 A. Domestic Adoptive ParentEligibility ...................... 550 B.
    [Show full text]
  • Selling Transracial Adoption
    Selling Transracial Adoption Elizabeth Raleigh Selling Transracial Adoption Families, Markets, and the Color Line TEMPLE UNIVerSITY PreSS Philadelphia • Rome • Tokyo TeMPLE UNIVerSITY PreSS Philadelphia, Pennsylvania 19122 www.temple.edu/tempress Copyright © 2018 by Temple University—Of The Commonwealth System of Higher Education All rights reserved Published 2018 Library of Congress Cataloging-in-Publication Data Names: Raleigh, Elizabeth Yoon Hwa, 1977– author. Title: Selling transracial adoption : families, markets, and the color line / Elizabeth Yoon Hwa Raleigh. Description: Philadelphia : Temple University Press, 2017. | Includes bibliographical references and index. Identifiers: LCCN 2017021821| ISBN 9781439914779 (hardback) | ISBN 9781439914786 (paper) | ISBN 9781439914793 (e-book) Subjects: LCSH: Interracial adoption. | Social service. | Families. | BISAC: SOCIAL SCIENCE / Social Work. | SOCIAL SCIENCE / Ethnic Studies / General. | FAMILY & RELATIONSHIPS / Adoption & Fostering. Classification: LCC HV875 .R25 2017 | DDC 362.734—dc23 LC record available at https://lccn.loc.gov/2017021821 The paper used in this publication meets the requirements of the American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1992 Printed in the United States of America 9 8 7 6 5 4 3 2 1 To my mother, Laura Mackie (1946–2013) Contents Acknowledgments ix Introduction 1 1 Staying Afloat in a Perfect Storm 36 2 Uneasy Consumers: The Emotion Work of Marketing Adoption 64 3 Transracial Adoption as a Market Calculation 94 4 “And You Get to Black”: Racial Hierarchies and the Black–Non-Black Divide 128 5 Selling Transracial Adoption: Social Workers’ Ideals and Market Concessions 163 Conclusion: The Consequences of Selling Transracial Adoption and the Implications for Adoptive Families 190 Notes 203 References 215 Index 229 Acknowledgments irst, I thank the adoption social workers, lawyers, and counselors who participated in this study.
    [Show full text]
  • Queer Genealogies Across the Color Line and Into Children's Literature
    Article Queer Genealogies across the Color Line and into Children’s Literature: Autobiographical Picture Books, Interraciality, and Gay Family Formation Cedric Essi Department of English-Speaking Cultures, University of Bremen, 28359 Bremen, Germany; [email protected] Received: 11 July 2018; Accepted: 13 October 2018; Published: 20 October 2018 Abstract: Life writing scholar Julia Watson critiques the practice of genealogy as “in every sense conservative” (300) because it traditionally charts and enshrines a family’s collective biography through biologistic, heteronormative, and segregated routes. My Americanist contribution, however, zooms in on a recent development of autobiographical works that establish narratives of origin beyond normative boundaries of race and heterosexual reproduction. A number of predominantly white queer parents of black adoptees have turned their family history into children’s read-along books as a medium for pedagogical empowerment that employs first-person narration in the presumable voice of the adoptee. In Arwen and Her Daddies (2009), for instance, Arwen invites the reader into a story of family formation with the following opening words: “Do you know how I and my Dads became a family?” My analysis understands these objects as verbal- visual origin stories which render intelligible a conversion from differently radicalized strangers into kin. I frame this mode of narration as ‘adoptee ventriloquism’ that might tell us more about adult desires of queers for familial recognition than about the needs of their adopted children. Keywords: Queer kinship; genealogy; critical mixed race studies; queer family; children’s literature; gay fatherhood; queer interracial kinship; interracial family; life writing 1. The Queerness of Genealogy There is something queer about genealogy.
    [Show full text]
  • To the Contrary 01 JAN 06
    PBS’ “TO THE CONTRARY” HOST: BONNIE ERBE GUESTS: ELEANOR HOLMES NORTON KAREN CZARNECKI MEGAN BEYER DANA WHITE SUNDAY, FEBRUARY 26,2006 PLEASE CREDIT ANY QUOTES OR EXCERPTS FROM THIS PBS PROGRAM TO “PBS’ TO THE CONTRARY.” TRANSCRIPT BY: FEDERAL NEWS SERVICE 1000 VERMONT AVENUE, NORTHWEST WASHINGTON, DC 20005-4903 FEDERAL NEWS SERVICE IS A PRIVATE FIRM AND IS NOT AFFILIATED WITH THE FEDERAL GOVERNMENT. COPYRIGHT 2006 BY FEDERAL NEWS SERVICE, INC., WASHINGTON, DC, 20036, USA. NO PORTION OF THIS TRANSCRIPT MAY BE COPIED, SOLD, OR RETRANSMITTED WITHOUT THE WRITTEN AUTHORITY OF FEDERAL NEWS SERVICE, INC. TO RECEIVE STATE, WHITE HOUSE, DEFENSE, BACKGROUND AND OTHER BRIEFINGS AND SPEECHES BY WIRE SOON AFTER THEY END, PLEASE CALL CORTES RANDELL AT 202-347-1400. COPYRIGHT IS NOT CLAIMED AS TO ANY PART OF THE ORIGINAL WORK PREPARED BY A UNITED STATES GOVERNMENT OFFICER OR EMPLOYEE AS A PART OF THAT PERSON’S OFFICIAL DUTIES. ------------------------- .STX MS. ERBE: This week on “To the Contrary,” up first, corporate boards, state government, and Harvard. What do they have in common? Together they issued a few gains and a few losses for women and communities of color this week. Then, will gay adoption bans rally conservative voters in the midterm elections? Behind the headlines, Republican Senator Kay Bailey Hutchison of Texas, shares her plan to toughen America’s border security. (Musical break.) MS. ERBE: Hello. I’m Bonnie Erbe. Welcome to “To the Contrary,” a discussion of news and social trends from diverse perspectives. Up first, an uneven week for women. It’s been a week of nays and yeas for women.
    [Show full text]
  • Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties
    U.S. COMMISSION ON CIVIL RIGHTS PEACEFUL COEXISTENCE: RECONCILING NONDISCRIMINATION PRINCIPLES WITH CIVIL LIBERTIES BRIEFING REPORT SEPTEMBER 2016 U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an independent, Martin R. Castro, Chairman bipartisan agency established by Congress in 1957. It is Patricia Timmons-Goodson, Vice Chair directed to: Roberta Achtenberg Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen K. Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro A. Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. U.S. Commission on Civil Rights 1331 Pennsylvania Ave NW Suite 1150 • Appraise federal laws and policies with respect to Washington, DC 20425 discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or (202) 376-7700 national origin, or in the administration of justice. www.usccr.gov • Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress.
    [Show full text]
  • Transracial Adoption and the Federal Adoption Subsidy
    Transracial Adoption and the Federal Adoption Subsidy Amanda T. Perezt I. INTRODUCTION Raymond Bullard was two and a half years old when he was removed from his foster home, where he had lived happily for two years with a white family, to be placed with a black family. Raymond was taken from the only home he had known because the Philadelphia Department of Human Services had a policy against long-term interracial foster care and adoption placements. The removal was in no way attributed to the qual- ity of care provided by Raymond's foster parents. Two years later, Ray- mond was diagnosed as clinically depressed. His speech impediment had grown worse and he displayed excessive aggression and preoccupation with death. Only after this diagnosis was made did the federal district court return Raymond to his initial foster home.' Though Raymond's story is an exceptional one, it illustrates the sig- nificance race is accorded in child-placement decisions. Though no one intended to hurt Raymond, the child suffered tremendous emotional trauma as a result of the separation from his family due to concern about the color of his skin. Many children today are wallowing in unstable fos- ter or institutional care rather than being placed with adoptive parents of another race. A child's race or cultural heritage are permissible factors2 for consideration in the determination of the best interests of the child. Race-matching, however, is often valued above the immediate placement of children in permanent homes. Raymond's case introduces the compli- cated issues that arise from the consideration of race in the best interests t J.D., Yale Law School, 1998; B.A.
    [Show full text]