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PRICE — A juvenile court judge has ordered the removal of a foster child from a lesbian couple because they are gay, according to Utah's Division of Child and Family Services.
The two women, April Hoagland and Beckie Peirce, were in court for a routine hearing Tuesday when 7th District Juvenile Judge Scott Johansen announced he was ordering that the 1-year-old girl they have been caring for over the past three months be removed from their home within a week, DCFS director Brent Platt said Wednesday.
According to the judge, the child would be better off with a heterosexual couple.
"That's what is so unique about this situation. There weren't any concerns about the family and no concerns about the placement, it sounds like he has concerns overall with same-sex couples being foster parents," Platt said.
Johansen has not specified what specific concerns he has about same-sex couples caring for foster children or what research he was referring to during the hearing, Platt said.
The Code of Judicial Conduct precludes judges and court staff from commenting on pending cases, according to a Utah State Courts spokeswoman who confirmed the nature of Johansen's order.
Same-sex couples have been eligible to serve as foster parents in Utah since October of 2014 when the 10th Circuit Court of Appeals upheld a ruling to overturn the state's definition of marriage as a union between a man and a woman.
Platt estimates there are about 20 same-sex couples currently caring for foster children in Utah, and this is the first time a judge has expressed any opposition.
Peirce announced the judge's decision on Facebook Tuesday, writing: "Today Judge Scott Johansen ordered our foster child be moved due to our sexual orientation! How is this OK?"
Today Judge Scott Johansen ordered our foster child be moved due to our sexual orientation! How is this ok?
Posted by Beckie Stewart Peirce on Tuesday, November 10, 2015
Attempts to reach the couple for comment Wednesday were unsuccessful.
Hoagland and Peirce have met every DCFS requirement to become licensed foster parents, including routine reviews with the division while they have been caring for the child, according to Platt. If the girl would have become eligible for adoption and the couple had expressed interest in taking her, the division intended to support them, he noted.
"It's my understanding they have a couple of older children, these are experienced parents," Platt said. "As far as we're concerned, it was an appropriate placement. It was a placement that worked for the kid and worked for the family, so we were surprised the judge issued that order."
DCFS has yet to receive a written copy of Johansen's order, Platt said. Once it does, the agency will evaluate whether there are any options to dispute it. In the meantime, DCFS is looking for a new placement for the baby, who remained with Hoagland and Peirce on Wednesday.
"The bottom line is we have to comply with that order," Platt said, noting that the division is considering contesting the order, if possible. "Our job is to protect these kids and to do what's right for them. So if we do have concerns and if we can and feel like it's appropriate to challenge the order, we will."
Foster decisions are made on an individualized basis and consider the specific needs of a child. All foster families are asked to love and care for foster children as their own, which this couple was prepared to do, Platt said.
"It's hard to say, 'Don't get emotional about this.' This is an emotional issue," Platt said.
