Adoption and Safe Families Act

= Adoption and Safe Families Act (ASFA) =

The Adoption and Safe Families Act of 1997 (ASFA) is a significant piece of legislation in the United States that was enacted to promote the safety, permanency, and well-being of children in the foster care system. The Act was signed into law by President Bill Clinton on November 19, 1997, and is codified in Public Law 105-89.

Background

Prior to the enactment of ASFA, the child welfare system in the United States was primarily governed by the Adoption Assistance and Child Welfare Act of 1980. This earlier legislation emphasized family preservation and reunification, often resulting in children remaining in foster care for extended periods while efforts were made to reunite them with their biological families. However, concerns arose that this focus sometimes compromised the safety and well-being of children.

Objectives of ASFA

The primary objectives of the Adoption and Safe Families Act are:

• To ensure the safety of children in the foster care system.
• To promote the adoption of children who cannot be safely reunited with their biological families.
• To reduce the time children spend in foster care.
• To increase accountability in the child welfare system.

Key Provisions

ASFA introduced several key provisions aimed at achieving its objectives:

Safety as a Paramount Concern

ASFA emphasizes that the safety of the child is the paramount concern in any decision-making process regarding foster care and adoption. This marked a shift from the previous focus on family reunification at all costs.

Timelines for Permanency

The Act established specific timelines for achieving permanency for children in foster care. It requires states to initiate termination of parental rights if a child has been in foster care for 15 out of the most recent 22 months, with certain exceptions.

Incentives for Adoption

ASFA provides financial incentives to states to increase the number of adoptions of children from foster care. This includes bonuses for states that exceed their baseline number of adoptions.

Concurrent Planning

The Act encourages the use of concurrent planning, where efforts are made simultaneously to reunify the child with their biological family and to identify and prepare an adoptive family, should reunification not be possible.

Accountability and Performance Measures

ASFA requires states to develop and implement performance measures to assess the effectiveness of their child welfare programs. This includes tracking the length of time children spend in foster care and the success of adoption efforts.

Impact and Criticism

Since its enactment, ASFA has had a significant impact on the child welfare system in the United States. It has led to an increase in the number of adoptions from foster care and a reduction in the time children spend in foster care before achieving permanency.

However, ASFA has also faced criticism. Some argue that the strict timelines for termination of parental rights can lead to the unnecessary separation of families, particularly in cases where parents are making genuine efforts to address issues such as substance abuse or mental health problems. Others point out that the financial incentives for adoption may inadvertently prioritize adoption over other forms of permanency, such as guardianship or kinship care.

Conclusion

The Adoption and Safe Families Act of 1997 represents a pivotal shift in child welfare policy in the United States, prioritizing the safety and well-being of children in foster care and promoting adoption as a viable permanency option. While it has achieved notable successes, ongoing evaluation and reform are necessary to address its limitations and ensure that the best interests of children are served.

References

• U.S. Department of Health and Human Services. (1997). Adoption and Safe Families Act of 1997. Public Law 105-89.
• Child Welfare Information Gateway. (n.d.). Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption.
• Barth, R. P., & Lloyd, E. C. (2010). Five-Year Findings from the Family Connections Cross-Site Evaluation. Child Welfare, 89(3), 1-22.