4/7/2021 eLeaRN

Adoption and Safe Family Act

The Adoption and Safe Family Act (ASFA) was enacted by the federal government in 1997 because of the growing national concerns that there
are too many children who linger for too long in foster care. ASFA sets standards for the operation of state foster care programs by requiring
child welfare agencies to pay increased attention to children’s health and safety, and their need for permanent families. One of the major
changes created by ASFA is the requirement for a new type of hearing which is called a Permanency Hearing. At the Permanency Hearing the
court determines the appropriateness of the agency’s plan to create permanency for the child.

On August 23, 2005, Governor Pataki signed the New Permanency Bill which was effective December 21, 2005. It consolidates permanency
hearing provisions regarding abused, neglected, voluntarily placed and freed children into a new Article 10A of the Family Court Act.

ASFA requires more frequent judicial reviews, criminal records screening, extensive judicial monitoring and documentation of children’s
progress toward achieving a permanent home, expands and expedites filings of proceedings to terminate parental rights and it imposes
monetary sanctions when a state does not comply with these federal standards.

Lesson 2: Legal Definitions Page 3 of 3

Topic 6: Legislative Updates

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