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Child Welfare

ANALYSIS OF STATE LEGISLATION ENACTED IN RESPONSE TO THE ADOPTION AND SAFE FAMILIES ACT, P.L. 105-89

Key requirements of ASFA

These tables summarize the highlights of state legislation enacted in response to the federal Adoption and Safe Families Act, P.L. 105-89 (ASFA).

• Master state-by-state Matrix of major requirements of ASFA.
• Citation list of enacted state legislation.
• Aggravated circumstances under which reasonable efforts to reunify families shall not be required, as mandated by ASFA.
• Mandatory cases identified in ASFA under which reasonable efforts to reunify families shall not be required.
• Requirements to initiate proceedings to terminate parental rights. This table also shows the exceptions to this requirement that were adopted by states.

Explanation of Abbreviations, Acronyms and Phrases

1. "ASFA"- The State has adopted the language in ASFA or some variant thereof regarding a particular requirement. For reference, refer to the summary of selected ASFA requirements at the end of this document.
2. "Mand"- The mandatory cases specified in ASFA in which reasonable efforts shall not be required.
3. "modified sibling TPR"- The state has modified the termination or parental rights mandatory case to require a showing of continued parental unfitness or to limit it in some other way.
4. "Agg"- The aggravated circumstances to be defined in state law under which reasonable efforts shall not be required. The numbers set forth next to this abbreviation refer to numbers in the table of aggravated circumstances after the state-by-state tables.
5. "TPR"- termination of parental rights
6. "LTFC"- long-term foster care
7. "15/22"- A child has been in foster care for 15 of the most recent 22 months
8. "r.e." - Reasonable efforts
9. "Italics" - Entries in italics indicate state law in place prior to the passage of ASFA (November 19, 1997).
10. ICAMA - state is a party to the Interstate Compact on Adoption and Medical Assistance

The preparation of this document was made possible with funding from the Children's Bureau, U.S. Department of Health and Human Services, and from the Dave Thomas Foundation for Adoption.

Clarification of Reasonable Efforts

States are not required to make reasonable efforts to preserve or reunify families if a court has determined that:

1. parent has subjected child to aggravated circumstances (as defined in state law, which may include abandonment, torture, chronic abuse, and sexual abuse)
2. parent has:

1. committed murder of another child of the parent
2. committed voluntary manslaughter of another child of the parent
3. aided or abetted, attempted, conspired or solicited to commit such murder or manslaughter
4. committed felony assault resulting in serious bodily injury to child or another child of parent

3. the parental rights to a sibling were terminated involuntarily

 Reasonable Efforts to Place Child

If reasonable efforts to reunify or preserve the family are not made as a result of a court finding above, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

State is required to initiate or join a proceeding to terminate parental rights in the following cases:

1. the child has been in foster care for 15 of the most recent 22 months
2. a court has determined that:

1. the child is an abandoned infant (as defined in state law)
2. the parent has:

1. committed murder of another child of the parent
2. committed voluntary manslaughter of another child of the parent
3. aided or abetted, attempted, conspired or solicited to commit such murder or manslaughter
4. committed felony assault resulting in serious bodily injury to child or another child of parent

States are not required to initiate TPR proceedings in the following cases:

1. the child is being cared for by a relative
2. state agency has documented in case plan a compelling reason that TPR would not be in the child's best interest
3. state has not provided to family, consistent with time period in the case plan, the services the state deems necessary for safe return of child, if reunification services were ordered

Permanency hearing shall be held within 12 months after a child enters foster care and not less frequently thereafter during continuation of foster care. Child is considered to have entered foster care on the earlier of the first judicial finding of abuse or neglect, or 60 days after removal from home.

If reasonable efforts to reunify the family are not made as a result of a court determination (see Clarification of Reasonable Efforts), a permanency hearing shall be held within 30 days after such determination.

At the permanency hearing, the court shall determine the permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition to terminate parental rights, or referred for legal guardianship, or (in cases where the state agency has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement.

For more information contact Steve Christian at (303) 364-7700 the Denver office and Sheri Steisel at (202) 624-5400 the Washington office.

 Child Welfare Human Services and Welfare Children and Families Program