The Adoption And Safe Families Act

The majority of the children awaiting adoption are not simply sitting in institutions with little human contact and no sense of family. Most children waiting to be adopted are in foster care. Foster care provides temporary placement in a family setting. "Over 500,000 children in the U.S. currently reside in some form of foster care" (Foster). This is not to say that there are over 500,000 children waiting for adoptive parents. Actually, the number needing to be adopted ends up being much lower. "Two out of three children who enter foster care are reunited with their birth parents within two years. A significant number, however, can spend long periods of time in care awaiting adoption or other permanent arrangement" (Foster).

Adoption is the process in which a person takes over the parenting of someone else’s child and permanently transfers all the responsibilities and rights from the biological parent or parents. Giving up a child for adoption is a very difficult decision for a mother to make. Today, many children are being parented by a single parent, a grandparent, a stepparent, foster parent or other parent figure. Making adoption an option is done by providing loving, responsible, and legally permanent parents to a child when their biological parents are not able or will not take care of them.(Carter)

The Foster Care Independence Act of 1999 (FCIA) was enacted to provide provisions to children who were being aged out of the foster programs. It received dual-party support from both the House and Senate, and acquired support from R-Tom DeLay of Texas (Mcmillan, 1999). FCIA was put into law law by President Clinton in December of 1999. The main push of FCIA is to increase the requirements for Independent Living Programs by doubling the funding for these programs (Graf, 2002, p. 2).

Foster Care and Adoption are the most multi-faceted areas of child welfare. Foster care consists of placing children outside of the custody of their parents or legal guardians. This out-of-home placement can be temporary or long-term. Adoption on the other hand, consists of the legal and permanent process that establishes a parent/child relationship between individuals not related biologically (Downs, Moore, & McFadden, 2009). These two areas of child welfare are constantly evolving and the decisions made on a child’s behalf can affect many areas of their biological, spiritual, social, and emotional wellbeing.

The bill selected for the purpose of this legislative analysis is titled the Stop Infant Mortality and Recidivism Reduction Act of 2016, and is also recognized by the abbreviation SIMARRA Act. The bill number is 5,130 in the House of Representatives, and has no related bills in the Senate. The SIMARRA Act is a federal bill that was last referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations for further review and analysis.

The implementation of the ASFA certainly carries many strengths with its amendments to the AACWA, including a title using “the term ‘safe families’ that few people would want to oppose legislation with this goal” (Jansson, 2008). One of the strengths of the new law was its movement away from bias favoring reunification that the AACWA once carried, and the placing of emphasis on child safety. Another strength was the change from selective provision of services to universal provision of services, where all special needs children would receive health coverage, regardless of whether or not they were a Title IV-E adoption. The switch to annual judicial permanency planning hearings was also an

Foster Care Independence Act of 1999 Before this bill was signed into law the Federal Government provided about $70 million per year to conduct programs for adolescents leaving foster care that are designed to help them establish independent living. Research and numerous reports from States conducting these programs indicate that adolescents leaving foster care do not fare well. As compared with other adolescents and young adults their age, they are more likely to quit school, to be unemployed, to be on welfare, to have mental health problems, to be parents outside marriage, to be arrested, to be homeless, and to be the victims of violence and other crimes (Cook, 1991). The need for special help for youths ages 18 to 21

The law also provides Federal Grants to agencies that fall under its guidelines. Many agencies could not exist or be of any benefit to the community without this funding. This law protects children with disabilities, by means that housing that is unique to them be defined with specialized training and equipped to do so. Abandoned infants are a unique situation that is not as easy as one would expect to solve. Even though the “client” is unable to speak for themselves, they still need protection. When dealing with near homeless or homeless families, a human service worker may find they are unsure when to become involved more, which is something that this law will help guide them through. Finally, to protect children all around, it is now apparent that certain jobs that work with children must make their employees subject to background checks.

The National Adoption and Foster Care Home Study Act (H.R.1650/S.684) aims to improve and standardize child welfare practices across states by instituting a national home study assessment process and registry. H.R.1650 was introduced in March 2017 as a bipartisan bill and now sits in the House Committee on Education and the Workforce. CWLA should not lobby Rep. David Price to increase support for H.R. 1650 given his voting record and memberships.

A mandate of the AFSA is that juvenile court judges terminate parental rights of biological parents who fail to reunify with their children. The law also states that parental rights should be terminated for parents whose children are in foster care for fifteen months within the last twenty-two months. According to the ASFA act once parental rights are terminated, children can longer return home to their biological parents and the parents are no longer entitled to rights meaning they no longer carry rights to the child. The juvenile court judge now will act as the parent of the children until they are placed up for adoption. ASFA gives state courts the option to allow juvenile court judges not to terminate parental rights in certain circumstances. One circumstance occurs when a child is in kinship care home placement. Juvenile courts usually do not terminate parental rights when children have long-term placement with relatives. Another situation would be when parental rights cannot be terminated is when the existing evidence that termination of parental rights are not in the best interest of the child. The determination of compelling evidence is at the discretion of the juvenile court judge. Last when a child welfare agency fails to provide services to the families for the safe return of the child to his/her biological

The second account of a changing stance toward children’s rights was evolution alongside women’s rights. Before this time, women and children were seen as unimportant under the law, whereas a father was given almost total control over all matters regarding his wife and children. If a father was violent or neglectful, society simply turned their shoulder to it. In the latter half of the nineteenth century, laws pertaining to the family system began to change. A new law recognized the equal rights of fathers and mothers with the mother’s rights reigning over the fathers in regards to the children. Also, the legal system began viewing children as important to the future of society, therefore “appropriate objects of the court’s

The Social Security act benefited many people. Those who fell in this category were workers, victims of industrial accidents, unemployed insurance, aid for dependent mothers and children, the blind, and the handicapped. This Social Security act was later signed into law, by current president at the time, Roosevelt. (Social Welfare History Project, n.d.) Moving along the line in 1970 was when the CWLA helped establish the National Foster Parents Association. In August 1971, this CWLA program received a three-year grant to create an organization based for foster parents. This association was established as an outcome of the concerns of the independent groups. The people felt that the country needed a program to meet the needs of the foster families in the U.S (Family Plus, n.d.). In 1980 the Adoption Assistance and Child Welfare became law. The tenacity was to create a program of adoption assistance to ultimately serve different criteria’s. Its purpose was to strengthen the program of foster care assistance for the needy and dependent children, improve child welfare as well as social services and aid to families with dependent children programs (child Welfare Information Gateway, 2012). There are a myriad of different historical information that can lead and relate to the cause of the Child Welfare services. These are all just bits and pieces of importance that historically gives this program

In 1982, Kathleen Silber and Phyllis Speedlin wrote a groundbreaking book about open adoptions, ¡°Dear Birthmother, Thank You For Our Baby.¡± This book opened an ongoing dialog on the

Child welfare is an issue that is vastly debated today in the United States. Regardless of party lines, socioeconomics, gender, religion, or race, it seems like everyone has a stake in shaping this issue. As such, progression in policy can be difficult and is often controversial. Throughout the 1900s, the United States Supreme Court heard and decided several cases that set forth precedent, giving more power to, and enabling, parents to raise their children as they see fit. As constituents, parents have a substantial say in what policy should and will be enacted. However, as individuals, parents do not have nearly as much power alone as they do in groups to influence public policy. Therefore, by banning together and creating interest groups, as well as participating in political parties, individuals who have an interest in child welfare, are more likely to make a substantial difference.

Since 1776, the United States of America has had a growing problem with orphans and childhood adoption. Orphanages become overpopulated while foster homes shelter up to 3 children on average. The foster care system has been viewed as positive reinforcement for American homes; yet the point of fostering children is consistently overlooked. Adoption is necessary for orphans, foster children, or children in abusive homes. The act of adopting a child comes with positive benefits and fiscal responsibility, such as government assistance and wiser spending. Children obtain a healthy childhood with a familiar sense of belonging. The drawback of this is the long governmental process of petitioning for adoption. Seeking the birthparents, if they are alive, retrieving consent, being fiscally responsible, and having a safe environment for the child to grow up in are all responsibilities to look forward to when adopting a child. The adoption rate in the United States of America needs to increase dramatically, as there are social benefits, mental health improvements, and economical advantages for families who adopt.