Adoption in the US Congress Kathleen Strottman March 4, 2011

A look back: Foster Care Adoption 1980 – Adoption Assistance Program, Remove barrier to foster parent adoption (FY 2008, 400,000 families, 2 billion) 1996, President Clinton issues Presidential directive, with goal of doubling the number of children adopted out of foster care by year (1996: 28, : 48,988) 1997, ASFA changes landscape – sets first ever time limits on family reunification. Adoption tax credit (1996, 2001, 2010) Adoption incentive program Adopt US Kids Waiver Program

A look ahead: Foster Care Adoption Process Barriers Needs of children waiting for adoption – of the 122,999 children waiting in FY 2008, 51,507 were over 9. PRIOR RELATIONSHIP to Adoptive Parent:Foster Parent – 64% vs. 54%; Non-Relative – 20% vs. 16%; Relative - 16% vs. 30% Family Reunification and APPLA – 463,000 in care in 2008(down from 523,000 in 2002) – 52 percent reunified (down from 57% in 2002)

International Adoption

Barriers to Adoption Outside US Lack of necessary infrastructures – social services, legal Over reliance on institutional care Lack of understanding and acceptance of adoption Corruption and reactions to corruption

ASFA – New Standard Child in Foster Care for 15 of 22 months must have parental rights terminated unless – – Child is being cared for by relative – There is a compelling reason. – Reasonable efforts have not been provided to birth parents. Reasonable efforts: ‘‘(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families— ‘‘(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child’s home; and ‘‘(ii) to make it possible for a child to safely return to the child’s home;

Principle of Subsidiarity Recognising that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin, Recognising that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin,