"Adoption
and Safe Family Facts"
A brochure prepared by
Advocates for Children's Services
What is the "Adoption & Safe Families Act" (ASFA)?
The Adoption & Safe Families Act was enacted by the U.S. Congress
in 1997, amending the 1980 Adoption Assistance and Child Welfare
Act. In addition to promising speedy, permanent placement to
children in foster care, ASFA also puts children's health and safety
as a first priority , even over reunification, when it comes to
making placement decisions for them. Enormous caseloads
resulting from inadequate funding make it very difficult for social
service agencies to act in accordance with these provisions.
What specific protections or services does it provide?
Specific
timelines are provided for the frequency of court hearing; for
parents to demonstrate that they are willing and able to provide
appropriate care; and for termination of parental rights, when
appropriate.
Foster
parents have the right to be given notice of and an opportunity to
be heard at court review hearings.
If
a petition has been filed alleging abuse or neglect, the child is
entitled to have a Guardian ad Litem ("GAL")
advocate assigned to represent his best interest. In addition,
he has the right to be given notice of and an opportunity to be
heard at court review hearings (if he is 12-years-old or older).
The
child also has the right to decide whether or not review hearings
should be open to the public.
Birth
parents may have the right to assistance and services to help them
to provide a safe home for the child.
What can be done if any of the protections or services of the
ASFA are not provided?
The
child and/or the foster parent should go to his assigned GAL and
request the services.
The
child and/or the foster parent should go to DSS and request the
services.
If
the issue is urgent and a court date is several months away, the
child and/or foster parent should ask the GAL and/or DSS to bring
the issue to the court for immediate action.
This information prepared by:
Advocates for Children's
Services
(A special Statewide project of
Legal Aid
of North Carolina)
201 West Main Street, Suite 400, Durham, NC 27702
919-226-0051
E-mail:
ACSinfo@legalaidnc.org ยท Website:
www.legalaidnc.org
Disclaimer
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
an attorney regarding your particular situation. See our complete
disclaimer.
Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.