Historical Analysis of the Adoption and Safe Families Act of 1997

Congress enacted the Adoption and Safe Families Act (ASFA) in 1997 in an attempt to provide safety, stability, and permanency for maltreated children. To help provide a historical context, child welfare legislation preceding ASFA is reviewed. In this historical analysis, the precipitating events that led to the creation of ASFA are assessed. In addition, a detailed review of congressional hearings related to this Act is given. The key components and goals of this policy are outlined. Finally, revisions made to ASFA are discussed, and its influence on proceeding legislation is presented.     

Making MEPA-IEP work: tools for professionals

The Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996 (MEPA-IEP) require states to develop plans that "provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the state for whom foster and adoptive homes are needed." This paper explores the background of MEPA-IEP, describes the disparate outcomes for minority children in the child welfare system, and identifies agency challenges in finding permanent families for African American children. Tools are provided for successfully recruiting families while following MEPA-IEP and avoiding potentially discriminatory practices in placement decisionmaking.     

Getting home on time: predicting timely permanence for young children

The timelines of the Adoption and Safe Families Act (ASFA) (P.L. 105-89) require increased attention to the timing of permanent placement, regardless of the type of placement outcome. This study examines the multivariate predictors of timely permanence for children served by Colorado's Expedited Permanency Planning (EPP) project. EPP has used an intensive concurrent planning model aimed at reaching permanency within 12 months of initial placement for children aged 6 and younger. The EPP requirement that children be living in the permanent home by 12 months postplacement is more stringent than the technical ASFA requirements. This article uses qualitative interviews with child welfare and court personnel to identify critical barriers to and supports for effective permanency planning.     

Overcoming hopelessness and social isolation: the ENGAGE model for working with neglecting families toward permanence

The Adoption and Safe Families Act of 1997 (ASFA) mandates policies designed to increase the frequency and speed with which permanency is achieved for children in the child welfare system. ASFA's focus is on child safety, permanency, and well-being. The expectation that parents correct neglectful conditions within specified time frames places an increased ethical responsibility on child welfare staff. Carrying out this responsibility requires vigorous and innovative approaches to engaging and working with neglectful families. Drawing on a well-established conceptual framework for understanding the determinants of effective parenting, the authors derive the ENGAGE (Engagement, Needs assessment, Goal setting, Assessment of progress, Goal achievement, Ending work) model for achieving permanency within the policy structure. The model incorporates creative client engagement, assessment of family needs, mutual goal setting, the goal achievement process, termination, and aftercare.     

Substance abuse and child welfare: clear linkages and promising responses

Parental substance abuse is a significant factor in many of the families served in the child welfare system. This article examines: (1) the prevalence of substance abuse among families involved with the child welfare system; (2) the impact of substance abuse on child welfare practice; (3) how both the Adoption and Safe Families Act of 1997 and welfare reform legislation intensify the need to address parental substance abuse effectively; and (4) promising strategies for addressing these families' needs.     

The Impact of Historical Trauma and Mistrust on the Recruitment of Resource Families of Color

ABSTRACT

The Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996 (MEPA-IEP) require states to diligently recruit “potential foster and adoptive families that reflect the ethnic and racial diversity of children in the state for whom foster and adoptive homes are needed” (42 U.S.C. §622b(3)(9)). Nationally, 53% of the children in foster care and 55% of the children waiting to be adopted are children of color (Adoption and Foster Care Analysis and Reporting System, 2014). Recruitment of resource families of color has historically presented challenges. This article critically examines the diligent recruitment efforts of an urban county targeting Black/African American, Latino, and Native American communities through a critical race theory lens. Although there was an overall increase in resource families, the racial and ethnic representation of resource families to children in care within the county improved for Latinos yet declined for Black/African Americans and Native Americans. Theoretically, these results indicate that the historical mistrust of communities of color toward the child welfare system is a barrier to successful recruitment of resource families from these communities.     

Achieving Permanence in Foster Care for Young Children: A Comparison of Kinship and Non-Kinship Placements

ABSTRACT

A number of child welfare policies have reinforced the use of kinship care as the most preferred placement for foster children, reflecting the philosophy that maintaining children within their own extended family system contributes to their stability and well-being. Given the growing utilization and legislative emphasis on kinship care along with the push for an immediate implementation of permanency plans for children in foster care, this study examines how the permanency goal under the 1997 Adoption and Safe Families Act (ASFA) is being implemented and achieved. The reunification and permanency placement (adoption or legal guardianship) outcomes of children in relative and non-relative care are analyzed, focusing on the experiences of young children. Based on public child welfare agency data from 2000 to 2003, child, case, and placement variables are explored to identify which set of factors best explains case outcomes. The present study identifies the total length of foster placement (kinship and non-kinship), the length of family maintenance services, and the number of placement changes as the most important variables in determining family reunification and permanent placement (legal guardianship and adoption) outcomes for young children.     

Silver Bullets and Quick Fixes

Abstract

Important lessons in policy implementation are available to welfare reformers who closely examine the case of the child welfare sys tem. Similarities exist between the Personal Responsibility and Work Op portunity Act of 1996 and the Adoption Assistance and Child Welfare Act of 1980. While substantively the two pieces are very different, current wel fare reform efforts are likely to repeat mistakes made by those implement ing child welfare system reforms in the 1980s and 1990s. Four factors threaten the success of reforms: The vagueness of language; the search for one single solution for all families; insistence on defining the complexity of family problems in extremely narrow terms; and the excessive bureaucrati- zation of service delivery. Policymakers are cautioned to look toward re cent innovations in child welfare for guidance instead of inadvertently repeating missteps.     

The justifications for terminating parental rights and adoption in the United States

This article examines the normative basis for prioritizing adoption in the “Adoption and Safe Families Act of 1997” (ASFA) as expressed by legislators and public witnesses in congressional hearings. By examining six congressional hearings in the period that led to the ASFA, the article provides new insights to understand how adoption is justified in the U.S. not only as an acceptable form of public intervention but also as an actively promoted and preferred approach when reunification is not possible. The article uses a discourse theoretical framework based on Habermas that distinguishes pragmatic, ethical–political, moral, and legal arguments. It reveals that U.S. federal adoption policy is based on three pillars. Pragmatic risk-oriented thinking forms the central knowledge base to inform policy. Parent responsibility ethics stresses individual responsibility for rehabilitation, with secondary support from the welfare system. Child refamilialization ethics emphasizes decisive and authoritative action to protect the child's needs for safety and permanence.     

Permanency through Group Work: A Pilot Intensive Reunification Program

Reunification of foster children with their birth parents is a critical focus of child welfare services, and the Adoption and Safe Families Act of 1997 has intensified the effort to reunify families. A large child welfare agency in a mid-western state developed an evidence-based treatment reunification model, that is based on the practices and principles that have been found to most predictive of a safe, timely and successful return home. This model is intensive, home-based, and incorporates an innovative support group for birth parents. A comparative evaluation of this model after 1 year finds that its reunification rates are double that of comparable cases receiving the agency’s conventional reunification services.     

Combining child welfare and substance abuse services: a blended model of intervention

Montgomery County, Maryland's Child Welfare Services (CWS) and Adult Addiction Services (AAS) developed an initiative to address the requirements of the Adoption and Safe Families Act (ASFA) while meeting the needs of families and the community of providers. A blended model of intervention was determined to be the best strategy to achieve the dual mandates of CWS and alcohol and other drugs (AOD) providers. Drawing from criminal justice, systems theory, social work, and addiction treatment, the approach made use of graduated sanctions or levels of intensity in providing services, engaging client participation, and engendering motivation. This article proposes strategies at client and organizational levels to understand the process of adaptation to ASFA and to guide planning for blending services.     

Enhancing the safety of children in foster care and family support programs: automated critical incident reporting

The Adoption and Safe Families Act of 1997 has made child safety an explicit focus in child welfare. The authors describe an automated critical incident reporting program designed for use in foster care and family-support programs. The program, which is based in Lotus Notes and uses e-mail to route incident reports from direct service staff to supervisors and administrators, facilitates timely clinical oversight and risk management and ensures the security of clients' protected health information. The authors present data collected using the program to illustrate how it can be used to monitor abuse and neglect allegations in a foster care program. A survey of users found that the program saved time, was easy to use, and helped manage critical incident reports.     

Child welfare workplace: the state of the workforce and strategies to improve retention

Child welfare systems throughout the United States are being closely scrutinized as sensational cases appear in the media in nearly every state. At the federal level, with the Child and Family Service Review process, the government is documenting that states across the country are not conforming to federal child welfare requirements (DHHS, 2007) put in place to ensure the safety and wellbeing of children. One of the most crucial underlying causes of these inadequacies is a workforce that lacks the manpower for the tasks it confronts. To meet performance standards for the seven major Adoption and Safe Family Act child welfare safety outcomes, child protection agencies must stop the outward flow of staff from the workplace. This paper presents a study examining correlates related to retention. It was found supervisors and co-workers play a crucial role in the retention of workers. Strategies are presented aimed at assisting states in ways to slow the turnover rate of workers in child welfare.     

Mitigating the ill effects of maternal incarceration on women in prison and their children

Maternal incarceration has deleterious effects on children, families, and society, but child welfare professionals historically have paid limited attention to maternal incarceration. Two recent changes have required the reevaluation of that stance: the dramatic increase in the number of women in prison, and the Adoption and Safe Families Act of 1997. This article discusses the reality of maternal incarceration, analyzes one prison's attempt to provide programs to support inmate mothers and their children, and makes policy and program recommendations.     

Reunifying Families Affected by Maternal Substance Abuse: Consumer and Service Provider Perspectives on the Obstacles and the Need for Change

ABSTRACT

This paper presents the findings of a qualitative study which examined the views of chemically dependent mothers, child welfare service providers and substance abuse service providers regarding the obstacles to family reunification and recommendations for change. Implications for practice, policy and research are discussed, with special reference to the mandates of the Adoption and Safe Families Act.     

Assessing Welfare Reform, Over a Decade Later

It has now been over a decade since the passage of the 1996 welfare reform legislation ( Personal Responsibility and Work Opportunity Reconciliation Act ). In this paper, we synthesize the expansive literature on how welfare reform has affected poor families and nonprofit agencies that serve them. In particular, we explore state variation in welfare policies and the dramatic declines in welfare caseloads. We also investigate the employment, earnings, and levels of material hardships among current and former welfare recipients. Moreover, we examine what we know about welfare reform's impact on marriage, nonmarital childbearing, and child well-being. Lastly, we report on how welfare reform has affected nonprofit agencies that serve poor families. We are left with a complex account of the impacts of welfare reform that reveals both positive developments in a number of areas and a great deal of remaining challenges.     

Transracial adoption and foster care placement: worker perception and attitude

This study explores black child welfare workers' perceptions of transracial adoption (TRA) and foster care placement (FCP). Informants were asked to discuss their attitudes toward the placement of black children with white families, as well as their perception of the Multiethnic Placement Act of 1994 and the supplemental Interethnic Adoption Provision of 1996. This study expands existing research regarding the viability of TRA and FCP by incorporating the previously ignored perceptions of social service professionals who are charged with the responsibility of providing child and family services. Findings illuminate the significant role that prioritization of client need plays in the perceptions of workers.     

Assessing Sibling Attachment in the Face of Placement Issues

With the advent of the Adoption and Safe Families Act of 1997 child welfare workers are faced with the task of placing sibling groups in potential adoptive homes shortly after their separation from biological families. At times, the number of children and/or their special needs present arguments against the conventional wisdom of maintaining the sibling group intact. This paper presents guidelines in the assessment of sibling attachment and in the decision-making process regarding placement.     

Organizational factors and the implementation of family to family: contextual elements of systems reform

In efforts to reform the child welfare system, agency leaders must involve staff at all levels; yet, little research has been done to determine which organizational factors encourage or inhibit staff engagement. Employees from an urban child welfare agency were invited to complete a survey regarding organizational effectiveness and its influence on reform efforts. The results show how these findings can be used by managers to improve practice, specifically through increased information sharing with stakeholders.     

The Relationship of Welfare Receipt to Child Outcomes

Welfare receipt often is correlated negatively with children's cognitive and behavioral outcomes. Yet, virtually all children in households that receive public assistance are poor, prompting the question of whether poor outcomes are an effect of welfare, a spurious relationship between welfare and child outcomes, or a result of welfare selection. Using the NLSY-CS, these possibilities are examined by controlling for poverty and for selection into welfare. Controlling for child and maternal characteristics accounts for the majority of bivariate associations between welfare and outcomes among Black children. Controlling for poverty does little to change the relationship between welfare and outcomes for Black or White children. Controlling for selection into welfare further reduces the relationship between welfare receipt and outcomes among White children and has little discernible effect among Black children.