1) It was McDonald, not Heller.
2) Fostering is an entirely separate system from being a natural parent, a creature created by the state; there is no "right" to be a foster parent. Furthermore, it's typically handled by an administrative agency, not the legislature. Administrative agencies get a lot more leeway in writing, interpreting, and enforcing their regulations than legislatures do in writing laws. It's going to take a well-funded court challenge to get through this.
