The Adoptions and Safe Families Act (ASFA) was passed in 1997 under the premise of ensuring the safety and well-being of children in foster care. However, in practice, ASFA has caused the unnecessary and permanent separation of families, disproportionately harming low-income communities.
This law prioritizes fast-tracking adoptions over family reunification, punishes parents struggling with poverty or systemic challenges, and imposes arbitrary timelines that sever parental rights without due consideration of circumstances or efforts toward reunification.
ASFA does not protect children; it destroys families. It’s time for a system that truly supports and strengthens families rather than tearing them apart. We call on Congress to repeal ASFA and replace it with policies that uphold the fundamental right of families to stay together.
Family separation should be a last resort, not a first response.
ASFA has led to:
The termination of parental rights (TPR) based on rigid timelines, rather than the unique needs of children and families.
The disproportionate removal of children in low-income families is often due to poverty-related neglect rather than actual abuse.
The lack of real support for families to heal and reunify, including inadequate access to housing, mental health care, and substance use treatment.
Financial incentives that prioritize adoption over reunification, further incentivizing the permanent separation of families.
Our coalition demands policies that:
Prioritize family preservation and reunification over fast-track adoption.
Remove arbitrary timelines for termination of parental rights and instead assess cases based on real efforts toward reunification.
Ensure families have access to supportive services to address challenges without the threat of permanent separation.
Stop using criminal convictions unrelated to a person’s ability to care for their children as a reason to remove children from their homes and/or fast track adoptions.
End federal financial incentives for adoption that create a perverse incentive to remove children from their families.