Statute-at-a-Glance: Decision-Making for the Permanent Placement of Children

What You Need to Know

The Adoption and Safe Families Act of 1997 (P.L. 105-89) amended Title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. This legislation has served as the impetus to efforts to reform child welfare practices in most States. An emphasis is placed on the health and safety of children, as well as on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system.

Schedule of Hearings

Federal law (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least once every 6 months by either a court or by administrative review. Under the Adoption and Safe Families Act (ASFA), a permanency planning hearing must be held within 12 months after the date the child is considered to have entered foster care, and then every 12 months thereafter during the continuation of foster care, to determine the permanency plan for the child.1 If a determination is made by the court that reasonable efforts are not required, a permanency planning hearing must be held within 30 days.2 The statutes in most States and Territories are consistent with these requirements.

Who May be Present at Hearings

Many States specify in their statutes the persons who are entitled to receive notice of hearings, in order that they may attend and offer testimony. In some States, the statute allows "all parties," and that includes the parent and the agency or department having custody of the child. Other States also allow the foster parent, preadoptive parent, or relative currently providing care for the child to be present at hearings.

Determinations Made at Hearings

The foremost determination made at any hearing is whether the child's current placement is safe and appropriate to the child's needs. Other determinations include the extent of compliance with the case plan, the extent of progress that has been made in correcting the conditions that led to the child's placement in care, and whether the agency or department has made reasonable efforts to provide the services that meet the needs of the child and the child's family.

At the permanency hearing, a permanency plan must be developed that includes whether and when the child will be returned to the parent, placed for adoption, referred for legal guardianship, or placed in another planned permanent living arrangement (when compelling reasons have been documented).3

Permanency Options

Reunification of the child with his or her family is the preferred permanency option whenever that can be safely achieved. In those cases where reunification is not appropriate, adoption is viewed as the ideal permanent legal option for children because it provides the greatest degree of permanence. In many situations, however, adoption may not be a realistic or appropriate option. Consequently, more attention is being focused on alternative permanency placements. Permanency options other than adoption do not provide the same level of permanency available through adoption but frequently facilitate continuity of family ties, which may be in the child's best interests.

In general, statutes addressing legal permanency options include the following:

*Return to parent

*Adoption

*Placement with a fit and willing relative (kinship care)

*Legal guardianship or

*Another planned permanent living arrangement

1 42 U.S.C.A. § 675(5)(C) (West 1997). Back
2 42 U.S.C.A. § 671(a)(15)(E) (West 1997). Back
3 42 U.S.C.A. § 675(5)(C) (West 1997). Back

The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation