Where’s My Sister? Siblings Should Have
a Statutory Right to Be Placed Together
in Foster Care
I. Introduction
plan that separates siblings.”1
When siblings are separated during instances of adoption, parental
divorce, or death, there are times when they have no right to contact one
another.2 This can be heartbreaking because often, siblings have lived
together for years. If siblings are separated early on in their lives, there
may be instances where they have no chance or right to get to know one
4 Not only is it heartbreaking, but
the separation of siblings can also be harmful to them.5 Unfortunately, the
sibling relationship is a family tie that is legally neglected.6
This paper will argue that siblings should have a statutory right to be
placed together in the foster care system. Legislatures and courts repeatedly
focus on family ties such as marriage and parenthood but neglect other
family ties, especially sibling relationships.7
117
University of Baltimore School of Law; judicial law clerk for Judge John J. Nagle III, Baltimore
Professor Daniel Hatcher for his advice and guidance throughout the writing process.
1. JILL ELAINE HASDAY, FAMILY LAW REIMAGINED 161 (2014) (quoting Judge Anne Kass).
2. Id. at 165.
Id.
4. Id.
5. See infra Part II.A.
6. See HASDAY, supra note 1, at 165.
Brotherly and Sisterly Love, SLATE (last visited Mar. 15, 2017), http://
www.slate/com/articles/news_ and_politics/jurisprudence/2014/07/family_law_should_protect
_sibling_relationships.html [hereinafter Brotherly and Sisterly Love
118 Family Law Quarterly, Volume 51, Number 1, Spring 2017
period for forming and solidifying sibling bonds. Moreover, children are systemically more
vulnerable than adults to both government and private action that harms them or simply ignores
especially important.” See HASDAY, supra note 1, at 168.
Siblings in Law, 65 VAND. L. REV. 897, 914 (2012) [hereinafter
Siblings in Law].
9. See generally, Siblings in Law, supra, note 8.
10. See infra Parts II–IV.
11. See infra Part II.
12. See infra Part II.A.
See infra Part II.B.
14. See infra Part II.B.
15. See infra Part II.B.
16. See infra
17. See infra Part III.
18. See infra Part III.A.
19. See infra Part III.B.1.
20. See infra Part III.B.2.
21. See infra Part IV.
Some courts appear to impose no presumptions against split custody
at divorce. They split the custody of siblings when that is “desirable,”
“reasonable,” or “best,” or they treat the separation of siblings as just one
factor among many for a court to take into account in determining custody.
one factor for courts to consider when deciding custody.8
The law needs to do more than it is currently doing to protect sibling
relationships when families fall apart.9 This paper will progress with three
parts following this introduction.10 Part II of the paper will describe the
background of this issue.11
relationships in the foster care system and why siblings should be able to
be placed together and maintain contact with one another.12 It will then
This will include some
14 It will also
together in foster care.15 The background section will conclude with the
legal background regarding how siblings are treated in accordance with
the law.16 Part III will provide the discussion that siblings should have a
statutory right to be placed with one another.17 It will also analyze various
state statutes.18
if this statutory right is created.19 Lastly, it will lay out the limitations
that could possibly arise out of creating a statutory right for siblings to be
placed together in foster care.20 Part IV will conclude this paper.21
