Judge Overrules State’s Seizure of Child from Couple It Deemed Not Smart Enough to Be Parents

The following excerpt is from an article that originally appeared on Hit and Run Reason

A holiday happiness story to share: The Oregon couple who had their two children taken away because the state determined they weren’t smart enough to be parents has gotten one of them back.

As I highlighted in July, Oregon’s Department of Health Services put Amy Fabbrini and Eric Ziegler’s boys—one 4 years old and one now 10 months old—in foster homes, not because the parents were abusing or neglecting their kids, but because the state determined that they would be poor parents due to their hampered cognitive skills.

Fabbrini and Ziegler both have I.Q.s well below average—66 and 72—and their learning struggles were used as justification to take the children away as a preventative measure rather than as a response to actual harm the children had suffered.

Right before Christmas, a judge ruled the couple’s limited cognitive ability was not enough to declare them unfit parents for their youngest

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