|
|
||
FAQ
Below are some frequently asked questions regarding the Arkansas Adoption and Foster Care Act. 1. What is the Arkansas Adoption and Foster Care Act? The Arkansas Adoption and Foster Care Act is a proposed initiated act. If passed, it will prevent children who are in need of adoption or foster care from being placed with unmarried individuals who are cohabiting with a sexual partner. This act applies equally to heterosexuals and homosexuals. Under this proposal, couples living together out of wedlock would not be allowed to adopt children or serve as foster parents in Arkansas. 2. Will this measure prevent single parent adoptions? No. This law will not prevent single homosexuals or single heterosexuals from adopting children as long as they refrain from cohabiting. It will have no effect on adoptions that have already occurred. 3. Will this measure prevent single parent foster care? This act will not prohibit single individuals from serving as foster parents as long as they refrain from cohabiting. It does prevent single cohabiting persons from serving as a foster parent. If a single person begins cohabiting after becoming a foster parent, they could be disqualified. 4. Why is the Family Council Action Committee proposing the Arkansas Adoption And Foster Care Act? The Family Council Action Committee is proposing the Arkansas Adoption and Foster Care Act for three reasons: A. Every Foster Child Needs the Best Home the State of Arkansas Can Provide: Everyone knows that the best place for children is in a stable home with a married mother and father. If the State of Arkansas is going to create families through adoption or foster care, it should create good ones. Five-thousand years of human history, countless scientific studies, every major world religion, and common sense all tell us that the best place for children is in a stable home with a married mother and father. B. The people of Arkansas should not allow children to be used as a means of promoting the homosexual social or political agenda. In the same way some people have tried to use same-sex marriage as a means of promoting a homosexual agenda, they are now using adoption and foster care. Children should not be used as pawns by any special interest group. Several states have already affirmed that homosexuals may legally adopt children or serve as foster parents. The voters of Arkansas need the opportunity to prevent this from happening in our state. C. Arkansas needs more qualified people who will adopt children or serve as foster parents. The campaign to pass this Adoption and Foster Care Act will cause virtually every person in Arkansas to consider the issues of foster care and adoption. The more people think about these issues the more likely they will decide to become a foster parent or adopt a child. This measure won’t reduce the number of foster and adoptive homes, it will increase the number. 5. What is the process for passing the Arkansas Adoption and Foster Care Act? The Arkansas Adoption and Foster Care Act is a proposed initiated act. The Family Council Action Committee and others gathered over 90,000 petition signatures to allow this proposed act to appear on the November 2008 Arkansas General Election ballot. If voters approve the measure it will become part of Arkansas law the same as if it were passed by the Arkansas Legislature. 6. FAQ #6 is currently unavailable. Please check back later. 7. What makes you believe this measure is constitutional? This initiated act is patterned after a law that has been on the books in Utah for several years. In 2004 the U.S. Court of Appeals for the Eleventh Circuit upheld a 1977 Florida law banning homosexual adoption. Since the Arkansas Adoption and Foster Care Act treats all unmarried couples the same way any discrimination arguments have no merit 8. What is the purpose of the 'findings' section of the proposed act? Many laws on the books in Arkansas include an introductory section that explains why the law is necessary. Courts sometimes rely on this section when ruling on the constitutionality of a particular measure. The ‘‘findings’‘ section of the act clarifies why this law is needed. Since virtually every scientific study on childrearing proves that children fare best in a stable home with a married mother and father, these findings are included in the proposed act. 9. What evidence is there to support the findings of fact? Thousands of studies prove that children fare best in stable homes with a married mother and father. There are no studies indicating that children fare best in cohabiting homes. 10. How many children are in the state foster care system? Approximately 3,600 children are in the Arkansas foster care system. This number varies as children move in and out of state custody. Of these 3,600 children, about 500 are waiting to be adopted at any given time. 
Most children in the Arkansas foster care system live in private homes with state-approved foster care families. Others live in children’s homes operated by churches, non-profit organizations, or the State of Arkansas. 12. Does the State of Arkansas currently limit any other categories of people from adopting children or serving as a foster parent? Yes. State law prohibits people who smoke cigarettes from serving as foster parents and state adoption regulations have age limits for who can adopt children. Bedrooms must have a window, and each foster child must have at least 50 square feet of sleeping space. Altogether, there are numerous state laws and state regulations regarding who may adopt a child or who can serve as a foster parent. These laws and regulations exist to ensure that children are placed in homes that are adequate for healthy child development. 13. What is wrong with children being adopted by or placed in foster homes with individuals who cohabit? Children in the state foster care system have suffered significant abuse or neglect; otherwise they wouldn’t be in state custody. These children need special care and attention in order to recover. The best place for these vulnerable children to achieve a healthy recovery is in a stable home with a married mother and father. Numerous studies indicate that children in married two-parent homes are healthier, they do better in school, they commit fewer crimes, and they enjoy better emotional health. In contrast to married households, many cohabiting homes suffer from critical deficiencies. They are more likely to break up. Child abuse is more prevalent. Alcohol and drug abuses are more likely. Children are more likely to suffer from behavior problems, and do poorly in school. They are more likely to live in poverty, and they may lack male and female role models that children need. 14. Do you have any evidence that homosexuals are adopting children or serving as foster parents in Arkansas? The answer to this question is in two parts. Part One: Foster Care According to the Arkansas Department of Human Services, they do not place foster children with individuals who cohabit with a sexual partner. Since homosexual couples are not married, this policy disqualifies them. The Department of Human Services places foster children in single parent homes. They do not ask these single parents about their sexual orientation. It is possible that a homosexual without a partner could serve as foster parent and this probably occurs. Part Two: Adoption Since adoption records are private, it is virtually impossible to know the sexual orientation of all the parents who adopt children. Even the Arkansas Department of Human Services is hard pressed to provide these numbers. In testimony before the Child Welfare Agency Review Board, homosexuals indicated that they have adopted children in Arkansas. Other studies back up these claims, but the State of Arkansas does not track adoptions by homosexual couples. Since Arkansas has no law to prevent homosexual couples from adopting children, this probably occurs. 15. The American Academy of Pediatrics and several other organizations say that homosexual couples are just as good at parenting as heterosexual couples. Why are you trying to ban homosexuals from helping children in need of a home? The Arkansas Adoption and Foster Care Act is not about the debate over heterosexual vs. homosexual parenting. The act is about which homes are best for foster or adoptive children. In this case, the evidence is undeniable. Virtually every parenting study ever done tells us that the best place for a child is in a stable home with a married mother and father. This act says that neither cohabiting homosexuals nor cohabiting heterosexuals should be allowed to adopt children or serve as foster parents. It treats both exactly the same because neither situation is best for children. During the 2007 Session of the Arkansas Legislature it was pointed out that several professional organizations opposed legislation similar to the Arkansas Adoption and Foster Care Act. Chief among them was the Arkansas Chapter of the American Academy of Pediatrics. It should be noted that the American Academy of Pediatrics also believes minor girls should be able to get abortions without parental consent and they believe contraceptives should be made available to all teenagers. Their opposition to this act is the latest in a long line of extremely liberal positions taken by the AAP. Here are some other organizations that oppose legislation similar to the Arkansas Adoption and Foster Care Act, along with their positions on some key issues.
To say the Arkansas Adoption Act is only about stopping the gay agenda would be false. To say that the homosexual agenda has nothing to do with the act would be incorrect as well. We are proposing this act to protect child welfare and we are seeking to blunt a homosexual agenda at work in other states that is using children as a means of advancing their social agenda. Homosexuals in California, Connecticut, Washington, D.C., Illinois, Massachusetts, New Jersey, New York, and Vermont, have successfully used adoptive and foster care children to advance their agenda. Those states have already passed laws that favor homosexuals when it comes to adoption or foster care. Every child needs a good home and no child should ever be used as a pawn in someone’s social or political agenda. 17. Why does this act not specifically ban homosexuals from adopting children or serving as foster parents? This act is primarily about the welfare of children. It doesn’t need to focus on sexual orientation to do what is best for children. Research shows that cohabiting homes, whether homosexual or heterosexual, are usually not the best place for children. By addressing cohabiting heterosexuals and homosexuals in the same way, we are treating everyone the same. 18. Aren’t you trying to impose your morality on everyone else? We aren’t imposing anything. We are simply placing an issue on the ballot so the people can vote on it. By placing this act on the ballot for a state wide vote we are allowing the people of Arkansas to set the policy. Passage or defeat of the Arkansas Adoption Act has nothing to do with one group or individual imposing their morality. It is about the people of Arkansas being allowed to vote and pass a law. 19. Does this act discriminate? No. Treating homosexuals the same as heterosexuals is not discrimination. This act treats cohabiting homosexuals exactly the same as cohabiting heterosexuals. There is nothing discriminatory about finding good homes for adoptive and foster care children. 
The State of Arkansas does not place foster children with cohabiting homosexual or heterosexual couples. Most foster and adoptive children are already in private homes with families. The rest are living in state or privately run children’s homes. Each of these facilities is required to meet state standards for operation and they can lose their license if they fail to comply. When it comes to adoption and foster care, the best way to eliminate any shortage of homes is through efforts on the part of the State of Arkansas, churches, and people in general to decide that good homes are going to be provided to all children. 21. If unmarried couples are willing to be foster parents or adopt children that no one else wants, why not let them. Wouldn’t it be better for a child to be wanted by someone rather than no one at all? There are enough stable families to provide good homes for all children. Foster and adoptive children should never be treated as ‘‘leftovers’‘ that no one else wants. Giving unmarried couples the ‘‘leftovers’‘ is a strange way to approach this issue. If their homes aren’t stable enough for the most desirable adoptive and foster care children, they certainly aren’t adequate for children who may be hard to adopt or place in foster care. The State of Arkansas needs to focus its efforts on finding stable homes for children rather than lowering adoption and foster care standards. There are no foster or adoptive children without a place to sleep or a roof over their heads. Children who are in state custody live with families in private foster homes or they live in group care facilities operated by churches, non-profit organizations, or the State of Arkansas. Cohabiting homes, both homosexual and heterosexual, lack the stability of a married mother and father. Foster children need stable homes in order to recover from past abuse or neglect. 22. Some cohabiting couples, including homosexual couples are more loving and more stable than heterosexual couples. What is wrong with allowing trained social workers to place children in a loving and stable unmarried household? Obviously, there are unstable married households. Children should never be placed in these homes. Hopefully, we already have sufficient laws as well as rules and regulations to prevent children from being placed in unstable married homes. On the other hand, there are enough stable married households to provide a home for every child. Rather than lowering adoption or foster care standards, the State of Arkansas should focus on finding these stable married homes and placing children there. Many people who are capable of loving a child still can’t provide all that a child needs to grow up happy, healthy, and strong. Most parents who have their children taken away because of abuse or neglect will tell you that they love their children. This is why the State of Arkansas has always required more than simply loving a child in order to adopt or be a foster parent. 23. Will this act allow homosexual family members to adopt or foster parent children who are their blood relatives? This law does not apply to married persons or single persons who are not cohabiting with a sexual partner. Relatives who are not cohabiting with a sexual partner are free to adopt or be foster parents. This law won’t affect them. Cohabiting relatives who want to adopt or be foster parents would have the option of getting married or stopping their cohabiting relationship. In addition, nothing in this act will prevent guardianships from being created. 24. Does this act prohibit a child from being adopted by the unmarried sexual partner of the child’s biological parent? Yes. 25. Won’t the passage of this law decrease the number of adoptive and foster care homes? No. It won’t affect the number of foster homes at all. The State of Arkansas does not place foster children with unmarried couples. In the long run, it won’t affect adoptions either. Any decrease in the number of adoptive homes will be more than offset by new adoptive parents who become aware of the need through awareness generated by the passage of this new law. If, by some chance, this law were to decrease the number of adoptive home, the State of Arkansas could more than make up the difference by raising awareness of the need.
We are encouraging married couples all over Arkansas to consider adopting a child or becoming a foster parent. Family Council has published and distributed several thousand copies of the Arkansas Adoption and Foster Care Resource Guide. This helpful guide helps citizens learn how to adopt a child and how to serve as a foster parent. Through increased awareness, the number of foster homes should increase. 27. Why not let our trained social workers decide which homes are best for children on a case by case basis? Under this philosophy we would have no laws or state regulations regarding who can adopt a child or be a foster parent. The State of Arkansas has never applied this standard. We have state laws that provide guidance to our social workers. We wouldn’t think of removing all state laws regarding adoption or foster care and simply leaving every decision to the discretion of social workers and bureaucrats. Social workers, doctors, lawyers, teachers, and other professionals all operate under state laws and state rules and regulations. These laws exist for the protection of these professionals and for the protection of the public. State sanctioned adoptions and foster care mean that the State of Arkansas is creating families. This is a decision too important to leave simply to the discretion of any one individual or small group of social workers. 28. How will the State of Arkansas know if prospective adoptive or foster care parents are cohabiting with a sexual partner outside of marriage? Officials with the Department of Health and Human Services would enforce this act in the same way they enforce every other law and state regulation regarding adoption and foster care. They already ask potential parents a number of questions regarding personal behavior like smoking. Social workers already check everything from the person’s bank account to the number of square feet in their house. They don’t place children with people who abuse drugs or alcohol. These potential parents are investigated thoroughly and adding this requirement will work the same as the other requirements. 29. Will this break up any long-standing foster care families? Example: A cohabiting couple who have been caring for foster children for several years? No. The State of Arkansas does not place foster children in homes with cohabiting individuals. Since there are no foster children in cohabiting homes, this is not an issue. 30. How will this act affect adoptions by Arkansas residents who seek to adopt children out of state? This law does not apply to out of state adoptions. If the adoption occurs within the state of Arkansas this law will apply. 31. If a cohabiting individual adopts a child in a state where it is legal, would this act affect the status of that adoption if the individual and the adopted child move to Arkansas? No. Under the full faith and credit portion of the U.S. Constitution any adoption finalized in any other state is automatically recognized in Arkansas. 32. Will this affect private adoptions and foster care? Yes. This act will apply equally to adoptions and foster care arranged by the Arkansas Department of Human Services, as well as those arranged through private foster care or adoption agencies. 33. Will the Arkansas Adoption Act nullify any existing adoptions? No. Any children who may have been adopted by cohabiting individuals before the passage of this act will not be affected by this law. As long as fraud is not involved, a completed adoption is final. |
Popular Links |
|
|
414 S Pulaski St | Suite 3 | Little Rock, AR | 72201 | Telephone: (501) 375-7000
|
||
