Figure 6 Child F<strong>at</strong>alities Due to Maltre<strong>at</strong>ment per 100,000 Children Figure 7 Percentage of Victimized Children with Ano<strong>the</strong>r Victimiz<strong>at</strong>ion within Six Months Figure 8 Percentage of Children Maltre<strong>at</strong>ed in Foster Care 3.0 2.5 2.0 1.5 1.0 0.5 0.0 FRAMEWORK PAPER: THE ADOPTION AND SAFE FAMILIES ACT (ASFA) �PAGE 31 1.6 1.7 1.8 2.0 1998 1999 2000 2001 2002 2003 2004 2005 Source: U.S. DHHS, Child Maltre<strong>at</strong>ment Report, 2000–2009. 10 9 8 7 6 5 4 3 2 1 0 8.5 8.6 8.9 7.5 2.0 1999 2000 2001 2002 2003 2004 2005 Source: U.S. DHHS, Child Welfare Outcomes Reports, 1998–2005. 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 .8 .6 .5 1.9 7.3 2.0 6.8 2.0 6.6 2.0 2006 2.4 2007 0.0 1999 2000 2001 2003 2004 2005 Source: U.S. DHHS, Child Welfare Outcomes Reports, 1998–2005. .4 .4 .4
INTENTIONS AND RESULTS: A LOOK BACK AT THE ADOPTION AND SAFE FAMILIES ACT �PAGE 32 through adoption <strong>and</strong> guardianship, for children who cannot go home. Evidence from every angle—st<strong>at</strong>e enactment <strong>and</strong> implement<strong>at</strong>ion of laws, changes in child welfare agency culture <strong>and</strong> practice, <strong>and</strong> findings on outcomes—supports <strong>the</strong> idea th<strong>at</strong> children’s prospects for adoption <strong>and</strong> guardianship improved to some degree following ASFA. However, many specifics remain unclear: for example, nei<strong>the</strong>r st<strong>at</strong>e-by-st<strong>at</strong>e differences nor <strong>the</strong> differential effects for children of color as compared to white children are well understood. ASFA’s effects seem far less certain in terms of meeting its o<strong>the</strong>r goals <strong>and</strong> affecting <strong>the</strong> lives of o<strong>the</strong>r groups of children. For children who do not leave foster care for adoption or permanent guardianship, <strong>the</strong> evidence suggests limited if any improvement. St<strong>at</strong>es report few innov<strong>at</strong>ions in regard to reunific<strong>at</strong>ion, although some workers report th<strong>at</strong> services are getting to families more quickly, <strong>and</strong> some studies—particularly in rel<strong>at</strong>ion to substance abuse—find advances in timeliness. But <strong>the</strong> outcome d<strong>at</strong>a indic<strong>at</strong>e no improvements in <strong>the</strong> likelihood, rapidity, or safety of reunific<strong>at</strong>ions, although children’s safety while in care may be somewh<strong>at</strong> enhanced. The evidence is mixed in <strong>the</strong> areas of safety <strong>and</strong> well-being more broadly, but does not suggest large effects. Children living with kin caregivers seem likely to be better off in several ways. An important insight to be addressed more fully in <strong>the</strong> papers to follow is th<strong>at</strong> to achieve positive results, not only <strong>the</strong> child welfare system but o<strong>the</strong>r important stakeholders <strong>and</strong> service systems must reform <strong>the</strong>ir practices. These include <strong>the</strong> court system, substance abuse services, mental health services, <strong>and</strong> prison systems. Various provisions of intern<strong>at</strong>ional law th<strong>at</strong> affect <strong>the</strong> circumstances of immigrant families also need to be fully explored for <strong>the</strong>ir interrel<strong>at</strong>ionships with ASFA. Finally, developing this paper has underscored for us how many gaps remain in basic knowledge about <strong>the</strong> implement<strong>at</strong>ion <strong>and</strong> outcomes of ASFA. For one example, while <strong>the</strong> AFCARS d<strong>at</strong>a would enable such an analysis, no one to our knowledge has tracked <strong>the</strong> number of young people emancip<strong>at</strong>ing from foster care where parental rights have been termin<strong>at</strong>ed, leaving <strong>the</strong>m “legal orphans.” For ano<strong>the</strong>r, we have found no study of children reaching <strong>the</strong> 15 of 22 months threshold th<strong>at</strong> analyzes <strong>the</strong> number whose parental rights were termin<strong>at</strong>ed or who are covered by each of <strong>the</strong> three exceptions. Such an analysis could be done using many st<strong>at</strong>e administr<strong>at</strong>ive d<strong>at</strong>a systems. Filling in <strong>the</strong>se knowledge gaps would provide helpful, basic inform<strong>at</strong>ion to illumin<strong>at</strong>e successes, failures, <strong>and</strong>— most important of all—desirable next steps. Footnotes 1 The views expressed in this paper are solely those of <strong>the</strong> Authors, <strong>the</strong>y do not represent <strong>the</strong> views of <strong>the</strong> <strong>Urban</strong> <strong>Institute</strong>, its staff, or trustees. 2 One of this paper’s authors, Olivia Golden, was Assistant Secretary of DHHS with <strong>the</strong> responsibility for <strong>the</strong> regul<strong>at</strong>ions. 3 There are two provisions we do not include: 1) “Contingency Fund for St<strong>at</strong>e Welfare Programs” made temporary adjustments to this fund <strong>and</strong> required th<strong>at</strong> <strong>the</strong> secretary make recommend<strong>at</strong>ions to Congress for improving oper<strong>at</strong>ions of <strong>the</strong> Contingency Fund for St<strong>at</strong>e Welfare Programs. We do not discuss this provision as it is not directly relevant to child welfare. 2) “Purchase of American-Made Equipment <strong>and</strong> Products” U.S. Code Title 7.7012, said it was <strong>the</strong> sense of Congress [sic] th<strong>at</strong> to <strong>the</strong> extent possible, equipment <strong>and</strong> products purchased with funds made available under <strong>the</strong> Act should be made in America. The legisl<strong>at</strong>ion also required th<strong>at</strong> <strong>the</strong> heads of federal agencies provide this notice to entities receiving funds made available under this Act. 4 Of <strong>the</strong> o<strong>the</strong>r twelve st<strong>at</strong>es, six did not have regular legisl<strong>at</strong>ive sessions th<strong>at</strong> year <strong>and</strong> six had sessions but did not enact legisl<strong>at</strong>ion rel<strong>at</strong>ed to ASFA (Christian 1999). 5 New Mexico’s law can be found in Chapter 32A, Children's Code; Article 4–Abuse <strong>and</strong> Neglect, § 32A-4-28, Termin<strong>at</strong>ion of parental rights; adoption decree, D. th<strong>at</strong> st<strong>at</strong>es “The department shall not file a motion, <strong>and</strong> shall not join a motion filed by ano<strong>the</strong>r party, to termin<strong>at</strong>e parental rights when <strong>the</strong> sole factual basis for <strong>the</strong> motion is th<strong>at</strong> a child's parent is incarcer<strong>at</strong>ed.” Nebraska’s law can be found in Chapter 43, Infants <strong>and</strong> Juveniles; Article 2–Juvenile Code (G) Dispositions, § 43- 292.02. Termin<strong>at</strong>ion of parental rights; st<strong>at</strong>e; duty to file petition; when “(2) A petition shall not be filed on behalf of <strong>the</strong> st<strong>at</strong>e to termin<strong>at</strong>e <strong>the</strong> parental rights of <strong>the</strong> juvenile's parents or, if such a petition has been filed by ano<strong>the</strong>r party, <strong>the</strong> st<strong>at</strong>e shall not join as a party to <strong>the</strong> petition if <strong>the</strong> sole factual basis for <strong>the</strong> petition is th<strong>at</strong> (a) <strong>the</strong> parent or parents of <strong>the</strong> juvenile are financially unable to provide health care for <strong>the</strong> juvenile or (b) <strong>the</strong> parent or parents of <strong>the</strong> juvenile are incarcer<strong>at</strong>ed. The fact th<strong>at</strong> a qualified family for an adoption of <strong>the</strong> juvenile has been identified, recruited, processed, <strong>and</strong> approved shall have no bearing on whe<strong>the</strong>r parental rights shall be termin<strong>at</strong>ed.” 6 This number of st<strong>at</strong>es is slightly higher than th<strong>at</strong> given by Allen <strong>and</strong> Bissell (2004). Differences in definition likely lead to this inconsistency. 7 As noted, FCSIAA (2008) changes <strong>the</strong> playing field on subsidized guardianship by providing for federal reimbursement. FCSIAA also addresses kin licensing, clarifying th<strong>at</strong> st<strong>at</strong>es can make case-by-case exceptions for kin where st<strong>and</strong>ards in question do not pertain to child safety. 8 Richard Barth noted in personal correspondence in November 2008 th<strong>at</strong> <strong>the</strong> NSCAW interviewers did not have access to administr<strong>at</strong>ive d<strong>at</strong>a <strong>and</strong> obtained d<strong>at</strong>es from <strong>the</strong> child welfare workers. As a result, he noted th<strong>at</strong> <strong>the</strong> NSCAW was not <strong>the</strong> best source for underst<strong>and</strong>ing caseload dynamics <strong>and</strong> this finding should be interpreted with some caution. 9 U.S. DHHS, AFCARS Reports 10–14, FY 1998-2006.
Change language