Cooper v. Hinrichs

There can be no doubt that the words “whenever possible” vest the court with discretion. As I interpret that discretion it is not limited solely to the question whether there are, or can be found, persons of the same religious belief willing to adopt the child; it includes other relevant considerations as well. But it is not a discretion that permits the court to omit entirely the question of religious belief or to depreciate the high priority that the legislature clearly intended it to have. In this case the record shows that the probation officer completely disregarded the statute. His…