Update on the Chester Adoption Case....

Judge expected to rule in Chesco adoption case By Kathleen Brady Shea Inquirer Staff Writer A federal court judge is expected to decide the fate tonight of a 3-year-old boy at the center of an emotionally and racially charged adoption dispute. Randall and Susan Borelly of Upper Uwchlan Township filed a lawsuit April 11 seeking to regain custody of Kevin, their African American foster child of nearly two years. The Borellys, who are white, contend that the county's reason for denying their application - an unwritten policy limiting families to one adoption per year - was a pretext for racial discrimination. For about 15 hours over two days, U.S. District Judge James T. Giles heard testimony from 16 witnesses, including the Borellys and Kevin's adoptive mother, who gained custody of the boy April 5 after county officials removed him from the Borelly home. The Borellys testified that Jessica Moon, a caseworker for Chester County's Department of Children, Youth and Families, was the first to suggest that the Borellys adopt Kevin, described as a lovable, mechanically inclined youngster who will turn 4 next week. Gertrude King, the boy's biological great-grandmother, and Jean Speiser, his court-appointed attorney, also supported the idea. After the Borellys expressed interest, county officials deemed them ineligible because they had already voiced their intent to adopt their 11-year-old niece, who had been living with them for several years. The Borellys then asked whether they could postpone their niece's proceeding to avoid losing Kevin. "We were threatened with losing our niece," Randy Borelly said. Mary Lou Beck, the manager of adoption services, testified that she felt the niece should be the Borellys' priority and that the policy helps adoptive families avoid distractions. She said that she did not view her comment about finding "other placement" for the niece as threatening. The Borellys said their efforts to obtain a copy of the one-per-year policy were unsuccessful. According to testimony from other agency employees, the policy did not exist in written form until November 2005, eight months after the Borellys submitted their application. "When I agreed to put the policy in writing, I had no idea who the Borellys were," James L. Forsythe, director of the county department, testified. The Borellys said they sought an evaluation from Bruce Mapes, a respected forensic psychologist, hoping to persuade the county to make an exception. Mapes' report, which called moving Kevin from the Borelly home "an unnecessary experiment," prompted a county judge to request the county to review its stance, according to testimony. Eve Large, the county manager of foster-care services, downplayed Mapes' assessment, suggesting that it showed the boy "can bond with another family." James John LeVan, the county's foster/adopt home finder, testified that a colleague told him that Diane Horsey, the county placement manager, "did not want to place black children with white families." Horsey denied making that statement. Asked about several previous lawsuits alleging racial discrimination by the county agency, Horsey said: "I think parents have presented that when they weren't selected for a child." Giles, who reminded the parties that he is not a family court judge, said his role was solely to determine whether a rule was applied so arbitrarily that it led to an abuse of power and "misuse of race." The judge, who took an active role in the proceeding, questioned county workers about why they ignored Chester County Court Judge Jacqueline C. Cody's order for a gradual transition from the Borelly residence to the adoptive home, opting instead for an "extraction." Carla London, the agency's deputy director, said she and Forsythe made a last-minute decision to remove Kevin from the home two days ahead of schedule. She said they feared the Borellys would be uncooperative and would involve the media, assumptions the Borellys denied. Kevin's adoptive mother told the judge that she and her family would be "devastated" if the child were taken from them. After the proceeding, Susan Borelly said her family hoped that Kevin would be returned to them, but that even if he is not, they were glad they exposed the county's actions. "It's supposed to be about the kids and that's what has been so frustrating," she said. "I think it came out in court that it's not - you don't treat Kevin the way you treated him and tell me that was in his best interest."