by Debra Lobel

Created on: April 28, 2009

The Adoption and Safe Families Act (ASFA) was signed into law on November 19th, 1997 by Bill Clinton It was enacted to correct problems in the foster case system that discouraged adoption of children with special needs. It puts children's health and safety at a top priority and made major changes to domestic adoption and foster care. It also provides incentives for adoption from the foster care system

There are many web sites and other articles in this area that explain the law, but I'm going to talk about the specific areas that helped me with adopting my children from the foster care system. My partner and I became foster/adopt parents with the intent of first fostering and then adopting special needs children. We signed up with a couple of agencies whose sole purpose was based on ASFA. They that helped us through the process by doing a lot of the paperwork and going to court for us.

These special agencies provide classes in being foster/adopt families for children with special needs. The special needs of the child is disclosed to the families so that social workers and parents can decide if the placement is good for the child. Family members in the home are required to fill out a personal questionnaire and is interviewed about their background. Family members are required to have criminal background checks. Anyone convicted of a felony, child abuse, child neglect, spousal abuse, violent crime at any time, physical assault, battery, or drug-related offenses within the previous 5 years are disqualified from becoming foster/adopt parents. A thorough and lengthy home inspection is done to make sure the child will be in a safe environment. Family members must also pass CPR and First Aid training.

One of the things that the ASFA does is to shorten the time that families have to reunify with their children. That means that the children are in the foster care system less and have more stability in their lives. The children are in their future adoptive homes for six months to a year before the adoption is finalized.

ASFA provides financial incentives to families who are willing to adopt special needs children from the foster children. This includes monthly stipends to families, free state medical insurance until the child turns 18, tuition to non-public schools that treat special needs children, free respite care, and mental health resources.

Without the Adoption and Safe Families Act, both of my children might still be in the foster system. Foster parents are only required to provide food and shelter for children. Affection is discouraged due to claims of sexual abuse. My older son had been in 7 homes by the time he was 3 years old and had been severely physically abused by a foster parent. My younger son had been in 3 homes by the time he was 2 and neglected by a foster family. These children now have stable home and a family who cares about them enough to get them the services they need to become healthy and happy adults.

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