Adoption and Safe Families Act

Adoption and Safe Families Act

The Adoption and Safe Families Act (ASFA) is a significant piece of legislation in the United States that was enacted in 1997. It was designed to improve the safety of children, promote adoption and other permanent homes for children who need them, and support families. The Act was signed into law by President Bill Clinton on November 19, 1997, and is considered a major reform of the child welfare system.

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 at the expense of children's safety and permanency. Concerns arose that children were languishing in foster care for extended periods without achieving permanent homes.

Key Provisions

ASFA introduced several key provisions aimed at addressing these concerns:

Safety of the Child

The Act prioritizes the safety of the child over the goal of family reunification. It mandates that child welfare agencies make "reasonable efforts" to preserve and reunify families, but not at the risk of a child's safety.

Permanency Planning

ASFA requires states to hold permanency hearings within 12 months of a child entering foster care. These hearings are intended to determine the long-term plan for the child, whether it be reunification, adoption, guardianship, or another permanent living arrangement.

Adoption Incentives

The Act provides financial incentives to states to increase the number of adoptions of children from foster care. States receive bonuses for each child adopted above a baseline number.

Termination of Parental Rights

ASFA requires states to initiate proceedings to terminate parental rights if a child has been in foster care for 15 of the most recent 22 months, with certain exceptions.

Impact

The Adoption and Safe Families Act 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 has shifted the focus of child welfare agencies towards achieving permanency for children more quickly.

Criticism

Despite its successes, ASFA has faced criticism. Some argue that the timelines for terminating parental rights are too rigid and do not account for the complexities of individual cases. Others believe that the emphasis on adoption may overlook the potential for family reunification in certain situations.

Also see

• Child Welfare in the United States
• Foster Care
• Adoption Assistance and Child Welfare Act of 1980
• Family Preservation Services