As a family law attorney, I am well aware that the best interests of children need to be determined on a case-by-case basis, considering each particular child and each particular proposed placement. The reason why the family law bar consistently opposes any type of presumption when it comes to children is that the best interests of the child are paramount and should be the sole factor in deciding where a child should be placed, and decision-makers should be free to (and encouraged to) give individual consideration to the best outcome for each child.

      In order to encourage such individual case-by-case considerations of children's welfare, rather than having child-rearing based upon hegemony, state-licensed child placing agencies should not be allowed to discriminate against children or prospective parents based on race, national origin, ethnicity, gender, age, religion, political beliefs, sexual orientation, disability and family status.

      The State Board of Social Services should restore to the final rules the protections against such discrimination included in the proposed rules.