Figure 4 Median Months between Termin<strong>at</strong>ion of Parental Rights <strong>and</strong> <strong>Adoption</strong> Figure 5 Percentage of Adopted Children Who Were Adopted within Two Years of Entering Foster Care 13.0 12.5 12.0 11.5 11.0 10.5 10.0 9.5 9.0 FRAMEWORK PAPER: THE ADOPTION AND SAFE FAMILIES ACT (ASFA) �PAGE 29 12.4 11.7 12.0 12.4 12.0 12.0 11.3 10.7 1998 1999 2000 2001 2002 2003 2004 2005 Source: U.S. DHHS, AFCARS Reports 10–14, FY 1998-2006. 30% 25% 20% 15% 10% 5% 0% 16% 21% 20% 22% 10.4 2006 1998 1999 2000 2001 2002 2003 2004 2005 26% 24% Source: U.S. DHHS, Child Welfare Outcomes Reports, 1998-2005. 25% 29%
INTENTIONS AND RESULTS: A LOOK BACK AT THE ADOPTION AND SAFE FAMILIES ACT �PAGE 30 examiners’ determin<strong>at</strong>ions th<strong>at</strong> de<strong>at</strong>h was due to abuse/neglect. As a result, DHHS <strong>at</strong>tributes this rise in recent years to better reporting <strong>and</strong> identific<strong>at</strong>ion of <strong>the</strong>se cases (DHHS, 2008b). Ano<strong>the</strong>r goal of ASFA is to prevent repe<strong>at</strong> occurrences of maltre<strong>at</strong>ment after children have come to <strong>the</strong> <strong>at</strong>tention of child welfare agencies. The Child Welfare Outcomes reports framed <strong>the</strong> indic<strong>at</strong>or as: “of all children who were victims of substanti<strong>at</strong>ed or indic<strong>at</strong>ed child abuse <strong>and</strong>/or neglect during <strong>the</strong> first 6 months of <strong>the</strong> reporting period, wh<strong>at</strong> percentage had ano<strong>the</strong>r substanti<strong>at</strong>ed or indic<strong>at</strong>ed report within a 6-month period?” Trends show a drop in this measure from 8.5 percent in 1999 to 6.6 percent in 2005 (see Figure 7). In addition, <strong>the</strong> number of st<strong>at</strong>es under <strong>the</strong> 6.1 percent federally design<strong>at</strong>ed threshold for this indic<strong>at</strong>or has increased since 2000. At <strong>the</strong> same time, <strong>the</strong>re is significant st<strong>at</strong>e vari<strong>at</strong>ion, with percentages ranging from 1.9 to 13.4. DHHS <strong>at</strong>tributes <strong>the</strong> vari<strong>at</strong>ion to several possible reasons: from st<strong>at</strong>e vari<strong>at</strong>ion in victim r<strong>at</strong>es since victim r<strong>at</strong>es are correl<strong>at</strong>ed with recurrence; to differences in st<strong>at</strong>e st<strong>at</strong>utes, policies, <strong>and</strong> practices in defining maltre<strong>at</strong>ment <strong>and</strong> evidentiary requirements for substanti<strong>at</strong>ion; to varied modes of decision making with respect to alleg<strong>at</strong>ions <strong>and</strong> screening; to <strong>the</strong> use of altern<strong>at</strong>ive response approaches; <strong>and</strong> to <strong>the</strong> practice of not formally investig<strong>at</strong>ing open cases but r<strong>at</strong>her referring <strong>the</strong>m to <strong>the</strong> existing caseworker (U.S. DHHS 2002-2005). Given how sensitive this measure is to st<strong>at</strong>es’ practices <strong>and</strong> policies, <strong>the</strong> perceived drop in recurrence on a n<strong>at</strong>ional scale between 1999 <strong>and</strong> 2005 should be interpreted with caution. Abuse by a care provider while <strong>the</strong> child is in foster care is also of major concern. The Child Welfare Outcome reports approach this indic<strong>at</strong>or by asking: “of all children who were in foster care during <strong>the</strong> reporting period, wh<strong>at</strong> percentage were <strong>the</strong> subject of substanti<strong>at</strong>ed or indic<strong>at</strong>ed maltre<strong>at</strong>ment by a foster parent or facility staff member?” Trends suggest potential improvements on this front (see Figure 7). R<strong>at</strong>es of abuse while in care dropped from 0.8 percent of children in foster care in 1998 to 0.5 percent in 2001, <strong>and</strong> have been steady <strong>at</strong> 0.4 percent since 2003. 11 There are significant vari<strong>at</strong>ions among st<strong>at</strong>es, however. Between 2003 <strong>and</strong> 2005, 46 percent of st<strong>at</strong>es improved on this measure, while an equal percentage lost ground. Again, this measure is likely sensitive to st<strong>at</strong>e policies <strong>and</strong> practices <strong>and</strong> should be interpreted with caution. A final st<strong>and</strong>ard of safety is whe<strong>the</strong>r cases come back into care after exiting. The concern is th<strong>at</strong> if children move to permanency too quickly, it might increase <strong>the</strong>ir risk of returning to care. The indic<strong>at</strong>or used in <strong>the</strong> Child Welfare Outcomes reports was modified recently, making it difficult to interpret trends over time. The indic<strong>at</strong>or had assessed <strong>the</strong> portion of all discharged children who came back into care in <strong>the</strong> last twelve months, but was changed to look <strong>at</strong> <strong>the</strong> portion of those children who reunified who reentered care in twelve months. <strong>Look</strong>ing <strong>at</strong> <strong>the</strong> minimal d<strong>at</strong>a available on <strong>the</strong> two different measures suggests th<strong>at</strong> r<strong>at</strong>es of recidivism remained fairly fl<strong>at</strong> during <strong>the</strong> two periods for which d<strong>at</strong>a are available. 12 However, a study in Florida supports <strong>the</strong> concern about moving children to permanency too quickly; Yampolskaya, Armstrong, <strong>and</strong> Vargo (2007) found th<strong>at</strong> Florida’s Community- Based Care services were not good <strong>at</strong> ensuring safety in reunific<strong>at</strong>ion <strong>and</strong> th<strong>at</strong> faster reunific<strong>at</strong>ion led to a gre<strong>at</strong>er r<strong>at</strong>e of re-entry. Goal 3: Well-Being Child well-being is difficult to measure. Typically, administr<strong>at</strong>ive d<strong>at</strong>a do not offer useful outcome inform<strong>at</strong>ion on how children are faring, though <strong>the</strong>y can illumin<strong>at</strong>e changes in services th<strong>at</strong> might contribute to child well-being. To d<strong>at</strong>e, quality d<strong>at</strong>a on children’s <strong>and</strong> parents’ receipt of services are generally not available on a n<strong>at</strong>ional basis. We can learn from survey d<strong>at</strong>a, however, <strong>and</strong> one survey hints <strong>at</strong> improved well-being for children living with kin since ASFA. Analysis of <strong>the</strong> N<strong>at</strong>ional Survey of America’s Families revealed th<strong>at</strong> r<strong>at</strong>es of poverty <strong>and</strong> lack of insurance declined steadily for children in kinship care between 1997 <strong>and</strong> 2002, <strong>and</strong> th<strong>at</strong> <strong>the</strong>se advances were even more dram<strong>at</strong>ic than for children living with <strong>the</strong>ir parents (Main, Macomber, <strong>and</strong> Geen 2006). Specifically, <strong>the</strong> study found th<strong>at</strong> by 2002, fewer than one in five children being cared for by a rel<strong>at</strong>ive due to social services involvement was living in poverty (eighteen percent), down from thirty-five percent in 1997. Similarly, by 2002, just 6 percent of children in <strong>the</strong>se arrangements were uninsured, down from twenty-three percent in 1997. The researchers noted th<strong>at</strong> changes in st<strong>at</strong>e licensing <strong>and</strong> outreach to kin caregivers could have contributed to <strong>the</strong>se gains. Conclusion Overall, ASFA’s effects are complex <strong>and</strong> reflect <strong>the</strong> many different perspectives <strong>and</strong> compromises th<strong>at</strong> went into its construction <strong>and</strong> enactment. The most substantial evidence indic<strong>at</strong>es ASFA’s effect on permanence,