Transcript Adoption & Safe Families Act The Adoptions and Safe Families Act  Signed into law on November 19, 1997  Purpose: to.

Adoption & Safe Families Act
The Adoptions and Safe Families Act
 Signed into law on November 19, 1997
 Purpose: to remedy chronic problems with the child welfare system
 ASFA amended the federal foster care law Titles IV-B and
IV-E of the Social Security Act
 Made safety and permanency the primary focus of the law
The ASFA Regulations
U.S. Department of Health and Human
Services (HHS) promulgated regulations
in three major steps:
1. consultation and pilot tests with several
states
2. draft regulations issued on September 18,
1998
3. HHS received hundreds of comments on
the draft regulations
The final regulations
were issued on January 25, 2000,
and went into effect on March 27, 2000.
The ASFA Regulations
Amend existing regulations by adding new requirements for state
compliance with Titles IV-B and IV-E of the Social Security Act
Incorporate provisions of the Multi-Ethnic Placement Act
Change certain criteria that govern Title IV-E foster care
eligibility reviews
Represent a shift in focus from an emphasis on case file
documentation to a more outcome-driven approach where
programs are measured according to actual results.
States are granted sufficient flexibility to address deficiencies,
and to develop and implement a program improvement plan.
Time Periods
2 different starting points in defining time periods:
(1) Actual Removal
(date the child is removed from the home)
(2) Foster Care Entry
defined as the earlier of:
 the date the court found the child neglected or abused; or
 60 days after the child’s actual removal.
ASFA Time Periods
Requirement
Deadline
Starting Date
Case Plan
60 days
Actual Removal
Reasonable Efforts to
Prevent Removal
60 days
Actual Removal
Six-Month Periodic
Review
6 months
Foster Care Entry
Permanency Hearing
12 months
Foster Care Entry
Reas Efforts to Finalize
Permanency Plan
12 months
Foster Care Entry
Mandatory Termination
Petition Filing
15 of the last 22 months
Foster Care Entry
COURT ORDERS






Must be child and case-specific
Set forth in writing
Can specifically reference an affidavit
Can specifically reference a checklist
Cannot merely reference state law
NO nunc pro tunc or stipulated orders
Reasonable Efforts




2 types
Reasonable Efforts to Prevent Removal
The court must make a finding that the agency made
reasonable efforts to prevent placement
ASFA requires finding must be made within 60 days of the
child’s removal
If the court does not make the finding, the agency will not
receive IV-E dollars for the child’s entire stay in foster care
The finding must be detailed and child specific - not just a
reference to state law
Reasonable Efforts


Reasonable Efforts to Finalize the Permanency Plan
The court must make a finding whether the agency provided
reasonable efforts to finalize the permanency plan within 12
months of the child’s entry into foster care.
A negative, late, insufficient or missing finding means the
agency is ineligible for IV-E dollars until the court makes a
positive finding.
Contrary to the Welfare Findings




Must be made on the first court
order following a child’s removal
from home
Need not use exact language
If the finding is not made in the first
order, the agency will NOT receive
IV-E dollars for the entire length of
the child’s stay in foster care
The finding must be made in both
emergency and non-emergency
removals
No Reunification Efforts



Aggravated Circumstances
Enumerated Felony: Murder of a child, Voluntary
Manslaughter, Aiding, Abetting, Conspiring, Soliciting to
commit such murder or voluntary manslaughter, felony battery
of a child
Prior involuntary termination of parental rights
Termination of Parental Rights
Petition must be filed when:
 Child in foster care 15 of the most recent 22 months
 Court has adjudicated child to be abandoned
 Court has waived duty to provide reasonable efforts to reunify
Exceptions under ASFA
 Child living with a relative
 Agency has failed to provide services it has deemed necessary
 Compelling Reasons
Compelling Reasons
2 different provisions:
(1) The agency determines it has a “compelling reason” not
to file a termination petition for child who has been in care
“15 of the last 22 months”
(2) “Compelling reason” why “another planned permanent
living arrangement” is being selected as a permanency
option
Lack of an adoptive resource IS NOT a compelling reason,
nor is being in a particular class or group
Permanency Hearings
Hierarchy of Permanency Options Under ASFA




Return to the Parent
Adoption
Legal Guardianship
Permanent Placement with a Fit and Willing Relative
 Another Planned Permanent Living Arrangement
Permanency Hearings
I. Timing
To be COMPLETED:
•Within 12 months of foster care entry
•Within 30 days of a judicial determination that
reasonable efforts to help a child safely return home
are not required
•Every 12 months thereafter as long as child is in foster
care
•This applies to all children in foster care, regardless of
whether the child is pre- or post-TPR, and regardless of
whether the child is placed in a pre-adopt home or not.
Permanency Hearings
II. What Constitutes a Permanency Hearing:
 Held by a court or court-approved administrative body
 Participation:
Parent, Child, Relative caretakers and foster parents
(entitled to notice and opportunity to be heard)
Not a permanency hearing: ex parte proceedings,
stipulations, paper reviews
All Review Hearings
(a) Reintegration should be the primary focus of the agency unless aggravated
circumstances, etc.
(b) Progress reports from agency and foster parents every 6 months
(c) For all 6 month review and permanency hearings court shall:
• notify all interested parties, foster parents, pre-adopt parents and relatives.
• determine whether child’s needs are being adequately being met and
whether reintegration continues to be a viable option.
• determine whether agency has provided services necessary to return the
child home.
If court determines reintegration is not a viable option, county or district
attorney or designee should file a motion to terminate parental rights within
30 days of hearing and hearing should be held within 90 days.
Six-month Reviews



1. Need and appropriateness of placement
2. Extent of compliance with case plan
3. Projected date for return, adoption or guardianship
Hierarchy of ASFA Permanency
Options




Return to the Parent (Limits in regs)
Adoption
Legal Guardianship (Defined in the regs)
Permanent Placement with a Fit and
Willing Relative
 Another Planned Permanent Living
Arrangement
 Independent living IS NOT acceptable
Concurrent Planning
Reasonable Efforts to finalize an
alternate permanency plan may be
made concurrently with reasonable
efforts to reunify the family
Once TPR petition filed, ASFA requires
the agency to identify, recruit,
process and approve a qualified
family for adoption.
INTERRUPTIONS IN CARE
Non-IV-E Eligible Placements: Detention,
hospitalization, training schools, forestry camps.
Home visits:Six months unless extended by court
1. Treat foster care placement as continuous.
Maintain review schedule.
2. Treat as a discharge from foster care, and reestablish eligibility if child comes back into care.
Foster Parents’ Rights &
Responsibilities
Notice and opportunity to be heard
Includes foster parents, pre-adoptive parents, and
relatives having care of the child
 Need not be personal appearance
Foster Family Homes




Licensing Requirements
All foster homes, including relative homes, must meet same
licensing requirements
Some non-safety requirements can be waived
Some time may lapse between the date when a foster family
satisfies all requirements for licensure or approval and the actual
date the license is issued, allow States to claim reimbursement
for this period – up to 60 days.
To accommodate those States where current State practice is not
consistent with the requirements for foster family homes, a 6
month period to bring current foster families to appropriate
licensing standards is allowed
Foster Family Homes





Criminal Records Checks:
Mandatory criminal records checks on
potential foster and adoptive parents
Not retroactive-- this requirement applies
only to homes licensed after November 19,
1997
Checks required only for foster & adoptive
parents, not other household members
Cannot license:
 anyone convicted of violent felony
 anyone convicted of “drug related felony”
in last five years
Responsibility For Placement


Agency has responsibility for child’s placement
Court may order specific placement and child will be
IV-E eligible as long as agency had opportunity to be heard
Application of ASFA to Delinquency
Cases






ALL children in Title IV-E eligibility
placements must meet ASFA provisions
A delinquent child “enters foster care” 60
days after the child is removed from home
There must be a “contrary to the welfare”
finding at the first hearing on the actual
removal
Case plan within 60 days after removal
Permanency Hearings must be held
This is not a compelling reason
ICWA Indian Child Welfare Act





ASFA does not change anything in ICWA
The tribe may intervene at any point
The tribe may plan for the child
The tribe must be provided notice of proceedings affecting
placement in accordance with ICWA
Heightened standard for TPR plus active efforts
requirement of ICWA still in place
TOP TEN ASFA MISTAKES





Court orders don’t reference
specifics
Permanency Hearings not held
Long-term foster care and
independent living used as
permanent plans
Reasonable efforts and CTW
findings late
Not applying ASFA to juvenile
cases





Not holding reviews during
interruptions in care
Stopping reasonable efforts
before getting court order
Not using Aggravated
Circumstances to move cases
quickly
Not documenting compelling
reasons for TPR and PPLA
Using reunification as a goal
without time limits
ICPC Interstate Compact on the Placement
of Children





Regulation 7 applies when: the caretaker is a parent, guardian, adult
sibling, adult aunt or uncle, non-agency guardian AND the child is
under 2 yrs. of age OR the child is in emergency shelter OR the court
finds the child has spent substantial amount of time in recipient’s home
OR Within 30 days of receiving state having a completed referral and
documentation, sending agency has not received determination.
Court orders must meet specific criteria, including finding that
Regulation 7 applies
Compact administrators should be contacted about delays and
problems
Judges have authority under Regulation 7 and the UCCJEA to gain
cooperation of the receiving state court
See the APHSA web site at http://icpc.aphsa.org