by Micki H

Created on: April 23, 2009

November 19,1997 President bill Clinton signed into law the Adoption and Safe Families Act. The ASFA was brought into law in order to address certain issues in the foster care system. It had become apparent that the foster care system had begun to deter from the adoption of children with special needs. The ASFA is most noted for it's fundamental change to thinking about the welfare of a child. The emphasis is now focused on the child's health and safety concerns. In recent years before the bill, the focus was on a policy reunited children with their biological parents regardless if there was prior abuse in the home.

Republican Senator John H Chafee, a leading sponsor of the bill, said, " we will not continue the current system of putting the needs and rights of the biological parents fist." I can not agree more. As an adopted child, I can relate to this very much. Some cases such as my own, it is better for the child to be protected from the biological parents. Though I suffered no physical abuse, my biological mother helped encourage the emotional issues I developed because of my adoption. The fact that my unstable mother came and went in my life affected me tremendously.

The ASFA also ensures that prospective adoptive parents must under go criminal background checks before they are approved to receive a child who may qualify for adoption assistance payments. Possible caretakers are disqualified if their background check reveals a felony conviction of a violent crime at any time. This includes drug related charged, battery or spousal abuse within the last 5 years. These background checks are conducted to ensure the safety of children that have no choice but to put their trust into the legal system that places them in their new homes.

The Adoption and Safe Families Act also shortens the time that a child can be placed into foster care. Many debate if this time frame is to short. After 15 months of a child being placed into foster care a petition is filed to terminate parental rights. This is done in order to keep a child from growing up inside of the system. It allows the courts to find a more permanent setting for the child, so they nay begin to readjust their life after being removed from their parents home. However, the biological parents are the ones facing the issues of losing parental rights if not all requirements are met to return the child to their home. But it is my personal opinion that if a parent truly wants to have their child returned to their home, they will have no problem completing any and all requirements issued by their court proceedings. If a parent is meeting all requirements and are lacking a few the courts may extending the 15 month limit. This is only done when a parent has shown the determination and love required to raise a child.

The new ASFA also allows and urges states to adopt laws and procedures that allow parents who are chronically ill or near death to designate a stand by guardian for their children without surrendering thier parental rights. What ever the situation each case is looked at on an individaul basis, for no two cases are alike.

Through the help of ASFA and caring individuals who devote the majority of their time protecting today's youth many children are now in stable and loving homes. It is because of the Adoption and Safe Families Act that the safety on all placement decisions is considered first above all other matters. The ASFA is saving our future one child at a time.

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