Thursday, January 15, 2009

Age Discrimination Revisited: How Old is Tool Old to Raise a Grandkid?

We've discussed age discrimination in terms of driving, and suggested that maybe driving tests for older drivers may not be found to violate the equal protection clause, but here's a story regarding a 50ish couple that wishes to raise their grandson even though a judge (who seems to be a jerk in my opinion) thinks they are too old and that the child is better off in foster care. Is this couple being treated unequally?

‘Hi, Pa!” exclaimed 2-year-old Rafael Sierra as he ran toward his step-grandfather’s outstretched arms.

Arnold Del Bosque scooped up the beaming boy while gripping plastic bags stuffed with toys. Arnold’s wife, Yolanda, took their younger grandchild, 1-year-old Luis, into her arms, already laden with a Playskool “Busy Gears” set and two Happy Meals.

It wasn’t Christmas. It was visitation day last Friday at the Child Protective Services office on Chimney Rock.

For Arnold and Yolanda, regaining the right recently to visit the grandchildren they’d raised since infancy was their first win in a painful custody battle.

Last week came another.

Juvenile Court Judge John Phillips, who ordered the boys removed from the Del Bosques’ La Porte home last year after remarking in court that the 50-something grandparents were too old to raise them, recused himself from the case.

But he didn’t go quietly.

...