1. The Multiethnic Placement Act of 1994 (MEPA) As Amended by the Interethnic Adoption Provisions of 1996 (IEAP)

2. MEPA has two main components: 1. Non-discrimination in the placement of children in foster care and adoption. 2. Diligent recruitment efforts of foster and adoptive parents from communities representative of the children in care.

3. IEAP States: Discrimination is not to be tolerated. The best interest of the child shall be the standard in foster care and adoptive placements. Any consideration of race or ethnicity is appropriate only when based on specific concerns in a specific case.

4. Goals of MEPA/IEAP: Remove some of the barriers to permanency. Decrease the length of time a child waits for adoption.. Increase recruitment and retention of foster and adoptive parents who are able to meet the needs of the child. Eliminate discrimination based on race, ethnicity, or national origin of the child or prospective parent.

5. What you may not do under IEAP: You may not routinely justify trans-racial placements. You may not develop or establish a “waiting period” to identify if a “same race” placement is available before moving onto another placement option. Recruitment/search for a family cannot be limited to a home of the same race as the child. You may not develop criteria that would essentially exclude a particular group: education, income, home ownership, religious preference, etc. You may not promise a birth parent(s) that their child(ren) will be placed with a similar racial/ethnic family.

6. What you can and should do: Assess the ability of a family to meet specific racial or ethnic needs of a child who has specific needs. Determine that a family cannot meet the racial needs of a specific child provided that you fully document how the family will not be in the child’s best interests (administrative approval within the agency is required). Discuss with families how the child’s sense of racial identity can be nurtured despite the lack of same or like race persons in the community and how the child’s sense of “differences” within the community can be adequately dealt with..

7. You should and can also: Implement a plan for recruiting foster and adoptive families that reflect the racial and ethnic diversity of waiting children. Search for relatives who are appropriate to foster or adopt.

8. Strict Scrutiny Standard: Strict Scrutiny means that using a child’s or prospective family’s race, ethnicity, or national origin can not be routinely considered as a relevant factor. “Narrow and exceptional” circumstances arising out of the specific needs of a specific child may be lawfully taken into account. The specific needs must reflect the child’s health and safety, which are paramount in child welfare.

9. Adoption and Safe Families Act (ASFA) “Interjurisdictional Requirements”

10. Section 202 - Adoptions Across State and County Jurisdictions Removes barriers for adopting children who live in a different state or county. Prohibits states from delaying or denying the placement of a child for adoption when an approved family is available in another jurisdiction.

11. Section 202 - Adoptions Across State and County Jurisdictions A prospective adoptive family must be granted an opportunity for a fair hearing if they believe they were not selected based on their location. A finding that an agency did delay an adoptive placement based on the jurisdiction of the prospective family will result in graduated financial penalties.