Figure 1 Number of Children Adopted from Foster Care by Year Figure 2 Number of Children Exiting to Guardianship by Year Figure 3 Number of Children Adopted by Race by Year 60,000 50,000 40,000 30,000 20,000 10,000 FRAMEWORK PAPER: THE ADOPTION AND SAFE FAMILIES ACT (ASFA) �PAGE 27 0 38,221 41,692 47,040 46,778 51,124 50,355 51,413 51,323 50,379 1998 1999 2000 2001 2002 2003 2004 2005 2006 Source: U.S. DHHS, AFCARS Reports 10–14, FY 1998-2006. 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 5,916 6,713 9,043 8,325 10,535 10,959 12,519 12,881 1998 1999 2000 2001 2002 2003 2004 2005 2006 Source: U.S. DHHS, AFCARS Reports 10–14, FY 1998-2006. 25,000 20,000 15,000 10,000 5,000 0 1998 1999 2000 2001 2002 2003 2004 2005 Source: U.S. DHHS, AFCARS Reports 10–14, FY 1998-2006. White- Non Hispanic Black- Non Hispanic Hispanic 2006 15,010
INTENTIONS AND RESULTS: A LOOK BACK AT THE ADOPTION AND SAFE FAMILIES ACT �PAGE 28 subsequently returned to foster care. The GAO also cites DHHS findings th<strong>at</strong> about 1 percent of children entering foster care each year have been previously adopted (GAO 2002). Causes included abuse/neglect by adoptive families, behavior problems too difficult for adoptive families, or <strong>the</strong> child’s need for residential care. Ano<strong>the</strong>r study in Illinois suggests progress toward limiting disruptions since ASFA; Smith et al. (2006) found th<strong>at</strong> <strong>the</strong> risk of adoption disruption was eleven percent less for placements occurring in <strong>the</strong> three years after ASFA versus <strong>the</strong> three years prior. Since ASFA reunific<strong>at</strong>ions have fluctu<strong>at</strong>ed somewh<strong>at</strong> in number, generally totaling between 150- 160,000 per year. Measured on <strong>the</strong> basis of proportion of exits, reunific<strong>at</strong>ions have declined somewh<strong>at</strong>, dropping steadily from sixty percent in 1998 to fifty-three percent in 2006. This decline is not surprising given <strong>the</strong> increased focus on adoptions <strong>and</strong> guardianships during this period. Wulczyn (2004), however, noted a drop in r<strong>at</strong>es of reunific<strong>at</strong>ions even prior to ASFA using entry cohort d<strong>at</strong>a from twelve st<strong>at</strong>es between1990 to 1997. Race appears to be a factor in reunific<strong>at</strong>ion r<strong>at</strong>es prior to ASFA. Researchers using d<strong>at</strong>a from <strong>the</strong> 1994 N<strong>at</strong>ional Study of Preventive, Protective, <strong>and</strong> Reunific<strong>at</strong>ion Services Delivered to Children <strong>and</strong> Their Families found race to be a strong predictor in reunific<strong>at</strong>ions, with African American children less likely to reunify than white children, holding o<strong>the</strong>r factors constant. In fact, controlling for placement with kin, <strong>the</strong> study found th<strong>at</strong> higher kinship placements of African American children do not explain <strong>the</strong>ir lower r<strong>at</strong>es of reunific<strong>at</strong>ion rel<strong>at</strong>ive to white children (West<strong>at</strong>, Inc. et al. 2001). Fur<strong>the</strong>r research is needed on <strong>the</strong> rel<strong>at</strong>ion between race/ethnicity <strong>and</strong> reunific<strong>at</strong>ion r<strong>at</strong>es in <strong>the</strong> wake of ASFA. Some evidence indic<strong>at</strong>es th<strong>at</strong> children who exit to adoption are spending less time in care. One indic<strong>at</strong>or looking <strong>at</strong> <strong>the</strong> median number of months between TPR <strong>and</strong> adoption, suggests a reduction of this phase of <strong>the</strong> adoption process (see Figure 4). In 1998, <strong>the</strong> n<strong>at</strong>ional median time between TPR <strong>and</strong> adoption was just over a year. After 2003, this figure was 10-11 months. Even this small decrease could represent a real change, given ASFA’s push to shorten timeframes, change casework practice, <strong>and</strong> advance recruitment of adoptive families. At <strong>the</strong> same time, as st<strong>at</strong>es have addressed backlogs of cases awaiting adoption, <strong>the</strong> types of cases exiting to adoption may include more children for which finding adoptive homes has become easier. Ano<strong>the</strong>r indic<strong>at</strong>or of timeliness to adoption suggests more children exiting to adoption are doing so within two years (see Figure 5). The indic<strong>at</strong>or looked <strong>at</strong> “[for] all children who were discharged from foster care to a finalized adoption during <strong>the</strong> fiscal year, wh<strong>at</strong> percentage were discharged in less than twenty-four months from <strong>the</strong> d<strong>at</strong>e of <strong>the</strong> l<strong>at</strong>est removal from home?” This percentage increased from sixteen percent in 1998 to twenty-nine percent in 2005. The Child Welfare Outcomes 2002-2005 report affirms th<strong>at</strong> <strong>the</strong> majority of st<strong>at</strong>es surveyed (sixty-three percent) showed improved performance on this measure, while only a quarter (twenty-five percent) of <strong>the</strong> st<strong>at</strong>es experienced a decline. Similarly, a study using entry cohort d<strong>at</strong>a from Oklahoma found a significant decrease in <strong>the</strong> length of time between a child’s removal <strong>and</strong> adoption finaliz<strong>at</strong>ion since ASFA, especially in <strong>the</strong> l<strong>at</strong>ter segment from adoption placement to finaliz<strong>at</strong>ion (McDonald et al. 2007). Wh<strong>at</strong> happens to children who do not go on to adoption or guardianship, but remain in foster care <strong>and</strong> perhaps never achieve permanence? Jennifer Macomber’s paper, “The Impact of ASFA on <strong>the</strong> Permanency <strong>and</strong> Independence for Youth in Foster Care” notes th<strong>at</strong> while adoptions of youth in foster care have increased dram<strong>at</strong>ically since 1998, more <strong>and</strong> more youth also emancip<strong>at</strong>ed from care between 1998 <strong>and</strong> 2006. She fur<strong>the</strong>r observes th<strong>at</strong> in 2006, 37,000 youth ages 12-20 were waiting to be adopted (i.e., <strong>the</strong>ir goal was adoption <strong>and</strong>/or parental rights had been termin<strong>at</strong>ed in <strong>the</strong>ir cases). It is unknown how many have gone on or will go on to emancip<strong>at</strong>e, but many probably will, given th<strong>at</strong> only 7,500 older youth were adopted from foster care in th<strong>at</strong> year. These youth who enter <strong>the</strong>ir adult lives as legal orphans, having had <strong>the</strong>ir parents’ rights termin<strong>at</strong>ed but never having reached permanency, should be of particular concern. More research is needed to underst<strong>and</strong> <strong>the</strong> experiences <strong>and</strong> special service requirements of this popul<strong>at</strong>ion. Goal 2: Safety The research shows potential improvements in <strong>the</strong> area of safety, but also trends th<strong>at</strong> are less clearly understood. With respect to one crucial indic<strong>at</strong>or for ASFA’s authors <strong>and</strong> supporters, incidence of child de<strong>at</strong>h, <strong>the</strong> trendlines suggest an increase (see Figure 6). From 1998 to 2007, it appears th<strong>at</strong> <strong>the</strong> r<strong>at</strong>e of child de<strong>at</strong>h by maltre<strong>at</strong>ment rose from 1.6 per 100,000 children to 2.4 per 100,000 children. However, <strong>the</strong>se counts remain uncertain inasmuch as <strong>the</strong>y rely on medical