Adoption and Safe Families Act
Encyclopedia
The Adoption and Safe Families Act (ASFA, Public Law 105-89) was signed into law by President Bill Clinton
on November 19, 1997 after having been approved by the United States Congress
earlier in the month.
ASFA was enacted in an attempt to correct problems that were inherent in the foster care
system that deterred the adoption
of children with special needs
. Many of these problems had stemmed from an earlier bill, the Adoption Assistance and Child Welfare Act of 1980, although they had not been anticipated when that law was passed, as states decided to interpret that law as requiring biological families be kept together no matter what. The biggest change to the law was how ASFA amended Title IV-E of the Social Security Act regarding funding.
Moreover, ASFA marked a fundamental change to child welfare
thinking, shifting the emphasis towards children's health and safety concerns and away from a policy of reuniting children with their birth parents without regard to prior abusiveness. As such, ASFA was considered the most sweeping change to the U.S. adoption and foster care system in some two decades. One of ASFA's lead sponsors, Republican Senator John H. Chafee of Rhode Island
, said, "We will not continue the current system of always putting the needs and rights of the biological parents first. ... It's time we recognize that some families simply cannot and should not be kept together."
Ideas for the bill originated with both Democrats and Republicans. First Lady of the United States
Hillary Rodham Clinton
originally voiced interest in the issue of orphaned children in an article she wrote in 1995. She then held public events to give the issue exposure, and met with U.S. Department of Health and Human Services officials and private foundation executives over policy questions and recommendations. The bill began in Congress with bipartisan support, then became contentious over issues of terminating birth parents' rights to children and funding levels for programs to keep children out of foster care. Hillary Clinton played a key role in finding a compromise between Republicans and Democrats on the latter issue after negotiations first broke down.
In greeting the final measure, Bill Clinton stated that the bill "makes clear that children's health and safety are the paramount concerns."
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on November 19, 1997 after having been approved by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
earlier in the month.
ASFA was enacted in an attempt to correct problems that were inherent in the foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
system that deterred the adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
of children with special needs
Special needs
In the USA, special needs is a term used in clinical diagnostic and functional development to describe individuals who require assistance for disabilities that may be medical, mental, or psychological. For instance, the Diagnostic and Statistical Manual of Mental Disorders and the International...
. Many of these problems had stemmed from an earlier bill, the Adoption Assistance and Child Welfare Act of 1980, although they had not been anticipated when that law was passed, as states decided to interpret that law as requiring biological families be kept together no matter what. The biggest change to the law was how ASFA amended Title IV-E of the Social Security Act regarding funding.
Moreover, ASFA marked a fundamental change to child welfare
Child welfare
Child protection is used to describe a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability...
thinking, shifting the emphasis towards children's health and safety concerns and away from a policy of reuniting children with their birth parents without regard to prior abusiveness. As such, ASFA was considered the most sweeping change to the U.S. adoption and foster care system in some two decades. One of ASFA's lead sponsors, Republican Senator John H. Chafee of Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, said, "We will not continue the current system of always putting the needs and rights of the biological parents first. ... It's time we recognize that some families simply cannot and should not be kept together."
Ideas for the bill originated with both Democrats and Republicans. First Lady of the United States
First Lady of the United States
First Lady of the United States is the title of the hostess of the White House. Because this position is traditionally filled by the wife of the president of the United States, the title is most often applied to the wife of a sitting president. The current first lady is Michelle Obama.-Current:The...
Hillary Rodham Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
originally voiced interest in the issue of orphaned children in an article she wrote in 1995. She then held public events to give the issue exposure, and met with U.S. Department of Health and Human Services officials and private foundation executives over policy questions and recommendations. The bill began in Congress with bipartisan support, then became contentious over issues of terminating birth parents' rights to children and funding levels for programs to keep children out of foster care. Hillary Clinton played a key role in finding a compromise between Republicans and Democrats on the latter issue after negotiations first broke down.
In greeting the final measure, Bill Clinton stated that the bill "makes clear that children's health and safety are the paramount concerns."