Reauthorizing the Family Preservation and Support Services Program of 1980, the Adoption and Safe Families Act (ASFA) was enacted to improve the deficiencies of the previous Program in an effort to ensure safety and permanence for neglected children. Before the enactment of the Act, many children were abandoned in foster care agencies waiting for years to be placed for adoption. At the same time, numerous efforts to reunite children with their birth parents had failed and many children had been placed for adoption without proper assessment of the adoptive families. This had resulted in wrong placement decisions that, by no means, had reassured child safety provisions.

Appreciating the importance of childhood, the Adoption and Safe Families Act favors children’s rights stating that it does not tolerate multiple placements, needless continuances, and deferred permanence plans. This bit of legislation does not accept abused and neglected children of 2 years old to grow into defiant teens with separation anxiety.

The Adoption and Safe Families Act (ASFA) focuses on imposing stricter guidelines for adoption placements in an effort to achieve successful adoptions in a timely manner. Promoting health and safety for children on foster care, the Act requires States to identify and monitor situations that foster placements put children’s interests at stake. By establishing appropriate measures to monitor the accountability of the child welfare system, each State should document reasonable efforts to place neglected children into adoptive families.

In this context, the Act focuses on ensuring safety for abused and neglected children. Defining the health and safety provisions that should be taken into consideration in each State for placements of abused and neglected children, the Act requires regular criminal record checks for adoptive parents to ensure children’s safety.

Furthermore, the Act places the acceleration of permanent placement for children on the forefront of its processes. If a child had been waiting for adoption for 15 of the last 22 months, then parental rights are automatically removed, unless there are mitigating circumstances such as the absence of a close relative, or adoptive families that are not to the child’s best interest.

With its implementation, the Act has supported and promoted adoptions by providing incentive funds of $20 million for the period 1999-2003 assisting States to increase the number of adoptions. $4,000 incentive was provided for a child in foster care, while $6,000 incentive was provided for a child with special needs.

In regards to its implementation, the Adoption and Safe Families Act (ASFA) is generally considered successful. Serving the purposes of creating stable and permanent homes for children in the child welfare system, the Act has enabled foster care agencies to complete the adoption procedures in expeditious times considering the children’s health and safety provisions.

On the other hand, members of the African American community consider that the implementation of the Act has been detrimental for them. In many cases, single parent families, with the mother or the father imprisoned, could not keep up with the required guidelines, namely the “15 out of 22 previous months”. Hence, according to the Act, their parental rights were automatically removed and they failed in achieving reunification with their children.

The Adoption and Safe Families Act (ASFA) was signed in November 19, 1997 by President Bill Clinton, after approval of the Congress.



Thanks to Christina Pomoni for contributing this article to our Adoption blog:

Cost Of Domestic Adoption

Can you answer shannobananno’s question about Adoption?:

DH and I have been considering adopting from Russia for quite some time. I understand that in some provinces it is possible to adopt two children at once. We are interested in adopting one infant and one toddler–ideally one girl and one boy. It would be great if they are siblings but unrelated would be great too. How long do you think we would wait for such a referral?

For those of you who have done this, how long did it take you in total from beginning of homestudy until the time you brought your babies home?

Is it becoming harder in Russia for such a placement? It seems that its becoming more difficult to adopt as more and more people decide to adopt. Is this a feasible pursuit? Thanks so much!!
Thanks for the advice but there is no demand for foster parents in my wealthy community.
Again, I appreciate the advice but you are wrong. Foster care is done by the county. You cannot foster children outside of your county so this is NOT an option. Get off your soapbox.

Families Adoption Agency

Can you answer Mrs. Bland TTC # 1’s question about Adoption?:

My husband and I are both 24 and TTC baby # 1. We want to have 2 kids and then adopt 2 or more. Which adoption do you think is better? Open or closed?
When I adopt I’d prefer an open adoption. I was also thinking about starting a foster care when I’m older.

Adopting From an Orphanage

Can you answer wannaBmom’s question about Adoption?:

Do you have to be a foster parent to adopt through foster care? If you arent a foster parent but want to adopt a child in foster care, how do you go about doing it? Any info or advice is welcome!

Foster Children For Adoption

Can you answer Proud New Mommy ’s question about Adoption?:

Ok so i know what adoption is, but what exactly is foster care, like how is it different from adoption? and What is your opinion on which is better?
I was talking to my husband about us one day adopting and he mentioned being foster parents so I was curious as to which is better, and how exactly foster care works so I can make a better decision when the time comes.

Guatemala Baby Adoption