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Asa Hutchinson Seeks Review of Adoption Rules After Abuse Case

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LITTLE ROCK – Arkansas Gov. Asa Hutchinson is working with lawmakers and the Department of Human Services to potentially change state adoption procedures after a House member gave his adopted daughters to a man who admitted to sexually abusing one of them.

Hutchinson met with two legislators Thursday after they filed bills to criminalize “re-homing,” an informal term for transferring an adopted child to an unrelated family without state oversight. The lawmakers filed the bills after the Arkansas Times newspaper reported that the adopted daughter of Rep. Justin Harris of West Fork was abused.

Only a handful of states have enacted laws to regulate “re-homing,” according to the National Conference of State Legislatures. Colorado and Wisconsin regulate the advertising of adopted children, while Louisiana and Florida have criminalized the “re-homing” practice. Ohio has safeguards against trading money or goods in return for an adopted child.

Harris’ attorney, Jennifer Wells, said the lawmaker and his wife adopted the 6- and 3-year-old girls in March 2013 at the request of the children’s mother. Seven months later, Wells said, he gave the girls to a longtime family friend who had worked at Harris’ family-owned preschool.

Wells said the wives of Harris and Eric Francis had known each other for 20 years and that the Francis family had passed background checks for international adoptions. She said the transfer was recommended by a psychiatrist and a pediatrician because the children were a danger to Harris’ three biological children.

“There were life-threatening situations involving the children and their biological children,” Wells said.

She also said workers from the Department of Human Services didn’t provide the Harris family with adequate support or take proper steps that could have prevented the abuse.

Wells said Friday that Harris broke no laws and is “not planning on resigning at the moment.”

Francis, 39, pleaded guilty in November to three counts of sexual assault in the second degree, which involved the 6-year-old and two underage girls Francis knew through church. He was sentenced to 40 years in prison with an additional 20 years suspended and is being held at the Benton County Jail. The jail didn’t list a lawyer for Francis and an attorney listed in court records didn’t immediately respond to a request for comment.

Another family has since adopted the sisters, said Benton County prosecutor Nathan Smith.

Representatives Greg Leding, a Democrat from Fayetteville, and David Meeks, a Republican from Conway, have both filed bills to prohibit most transfers of adopted children to non-relatives without court approval.

Leding wouldn’t comment on Harris’ situation, but said most lawmakers previously didn’t know giving away children was legal. He said he is working with the state Human Services department on the proposal.

“I think it’s natural for people to want to make sure children are kept in the safest situation,” Leding said.

It’s unclear when the bills will be heard, but they are most likely headed to the House Committee on Aging, Children and Youth, Legislative and Military Affairs, of which Harris is vice chairman.

Department spokeswoman Amy Webb said she couldn’t comment on Harris’ case.

“What I can tell you is that our focus is on protecting children and helping them find a permanent and loving home,” Webb said. “That is at the center of everything we do and all our policies. It is important to note that we do, whenever possible, provide post-adoption services to families who reach out to us help.”

Webb said the agency is aware of nine adopted children who were given to different parents during the past two years but doesn’t actively track or police the practice. She said the department facilitated between 600 and 700 adoptions last year.

(Copyright 2015 The Associated Press. All rights reserved. This material may not be published, rewritten, broadcast or distributed.)

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