1. Adoption & Safe Families Act

2. 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

3. The ASFA Regulations
U.S. Department of Health and Human Services (HHS) promulgated regulations in three major steps:
consultation and pilot tests with several states
draft regulations issued on September 18, 1998
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.

4. 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.

5. 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.

6. ASFA Time Periods

7. 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

8. Reasonable Efforts to Prevent Removal
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

9. 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.

10. 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

11. 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

12. 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

13. 2 different provisions:
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

14. Hierarchy of Permanency Options Under ASFA
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

15. 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.

16. 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

17. 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.

18. Six-month Reviews 1. Need and appropriateness of placement
2. Extent of compliance with case plan
3. Projected date for return, adoption or guardianship

19. 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
“AN EFFORT TO….”:
Policy – Foster positive relations among professionals, parents and court
Practice – Read court’s file, be aware of history and pending issues
Example – Examples: 1. Mediating disputes between family members regarding termination (high conflict therapeutic mediation) 2. Allowing mental health/medical professionals to explain child’s needs in order to get buy in from parents as to treatment issues Setting up visitation plans between parents, grandparents, aunts, uncles, etc. Newton CMC example – set up visits between 3 sets of grandparents and extended family members
Judicial Perspective –
“BARRIERS IN CASES…”:
“Push people to get as concrete as possible, the treatment plan, for example, amy call for an alcohol assessment. Ct. Facil. Will push parties to say what program will be used, and how the parent will know where to go and when to go. Phone numbers are exchanged often.”
“NEUTRAL FACILITATION…”: “Conferences allow parents to ask a lot of questions regarding the pending issues at the time. Not a time to rehash entire history of case, but to make sure parents and professionals know what is expected of them – So many treatment plans have language that the parent may not understand. The plan might make reference to ‘fostering a positive parental relationship’ – does the parent know what that means? The CMC is a time to make that very clear.”
“NOTES…”: Next slide

20. 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.
“AN EFFORT TO….”:
Policy – Foster positive relations among professionals, parents and court
Practice – Read court’s file, be aware of history and pending issues
Example – Examples: 1. Mediating disputes between family members regarding termination (high conflict therapeutic mediation) 2. Allowing mental health/medical professionals to explain child’s needs in order to get buy in from parents as to treatment issues Setting up visitation plans between parents, grandparents, aunts, uncles, etc. Newton CMC example – set up visits between 3 sets of grandparents and extended family members
Judicial Perspective –
“BARRIERS IN CASES…”:
“Push people to get as concrete as possible, the treatment plan, for example, amy call for an alcohol assessment. Ct. Facil. Will push parties to say what program will be used, and how the parent will know where to go and when to go. Phone numbers are exchanged often.”
“NEUTRAL FACILITATION…”: “Conferences allow parents to ask a lot of questions regarding the pending issues at the time. Not a time to rehash entire history of case, but to make sure parents and professionals know what is expected of them – So many treatment plans have language that the parent may not understand. The plan might make reference to ‘fostering a positive parental relationship’ – does the parent know what that means? The CMC is a time to make that very clear.”
“NOTES…”: Next slide

21. Home visits:Six months unless extended by court
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 re-establish eligibility if child comes back into care.

22. 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
CAROLYN: Review tools used by court facilitators to help make the D & N process go more smoothly so that children can be placed into a safe, permanent home as expeditiously as possible. Tools in a workbox that can be used as needed for prevention as well as remediation. A dual layer of tools – the Ct. Facil position is the main tool and what we use to make our positions most effective are our tools.

23. Licensing Requirements
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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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