Amish & foster care

[Hamilton02 at aol.com]

Art--  Well, I don't think the story as told was truly agnostic.   The views 
of the boy were not included.   That the child's views  are left out of such 
stories is not unusual, but it is a way of  thinking fundamentally at odds with 
the "best interests of the child"  standard. Our culture often, even usually, 
tells these  stories without reference to the child's viewpoint.  
 
I was quite serious when I said that Douglas's views in Yoder are well  worth 
reviewing as we consider the proper constitutional balance, because he  
raised then what we know now--  the Amish may not always act in the  best interests 
of their children.  His path might well introduce a  version of the child's 
best interest standard into constitutional analysis  that provides more robust 
protection for children when they are at risk in  religious homes.  Among its 
many defects, Yoder treats the children's needs  as utterly irrelevant, 
despite the fact that the case was about education!
 
At a deeper level, why assume that the removal of a child from any  
community, when there are serious problems for the child (whatever those  problems 
are), is a bad thing?  It always depends on the particular  facts.  From the 
perspective of this child, it was not  necessarily "gratuitously subversive" for 
him to return to his home and  siblings.  Unless one prefers the interests of 
the insular  community over the right of the child to be a distinct individual.  
The  state has no business being a partner in shunning if the child wishes  
to see family and it is deemed safe. 
 
Marci
 
 
 
 
In a message dated 7/1/2008 6:50:41 P.M. Eastern Daylight Time,  
ArtSpitzer at aol.com writes:

Marci-

I was trying not to assume.  Except for  the part about bringing the boy back 
to tell his siblings about life on the  outside, which seems gratuitously 
subversive of the Amish family, I'm agnostic  and eager to hear what people 
think.  (Eugene's comments are, as always,  very helpful.)

Art







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