Adoption and Safe Families Act (ASFA)
ASFA is the legislation that has guided child welfare and drug treatment to work more closely together.
In 1997, Congress passed the Adoption and Safe Families Act, also known as ASFA. The purpose of ASFA was to stop children from languishing in foster care for years, without permanency.
ASFA stated that if a child has been in “care” for 15 of the last 22 months, then the child welfare agency has to initiate a termination of parental rights (TPR) unless:
- The child is living with a relative in kinship care
- The Agency cannot demonstrate “reasonable efforts” towards supporting a safe reunification (reasonable efforts means the agency provides services and visiting, the parent has rights and responsibilities, including the completion of programs. The case planner is obligated to try to track down the parent, even if the child has had no contact with the child for six months, even if the parent is incarcerated.)
- There are documented, compelling reasons for holding off on the TPR
Clearly, this 15 month timeline does not consider the pace of recovery or the pace of child development. The timeline is specifically driven out of concern for children languishing in care. The passage of this law created a new sense of urgency in cross-systems efforts between child welfare and substance abuse treatment agencies desperate to prevent unnecessary termination of parental rights.
This law also spells out five options for permanency goals. These include:
- Return to parent – the child is reunified with the parent
- Adoption – this requires that the child is first freed for adoption through either a surrender or termination of parental rights
- Kinship care – the child lives with a relative
- Guardianship – the child is no longer in foster care, but is cared for by a long-term guardian
- Another permanent planned living arrangement (APPLA) – an option for teens who do not wish to be adopted, or for those who are likely to require long-term institutional care
In New York City, the past relationship between these two systems had been characterized by mistrust, hostility, and unconnected goals. Inspired by ASFA, the City’s child protective services agency (ACS) and the State substance abuse funding agency, known as OASAS, put aside their differences and initiated an extended effort to establish a better working relationship. After much hard work, ACS and OASAS have emerged as a coordinated team, together developing new policies and programs.
You can learn more about ASFA and its impact in New York City by reviewing the following resources:
“Against the Clock: The Struggle to Move Kids into Permanent Homes.” Child Welfare Watch, Vol. 15, Winter, 2008.
“Handout: Important Provisions of the Adoption and Safe Families Act” National Resource Center for Family-Centered Practice and Permanency Planning, Hunter College School of Social Work.
