Running head: FOSTER AND ADOPTION POLICIES 1

Foster and Adoption Policies

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Lisa Cassidy argues that parenting can be ranked on the basis of competence. She outlines that

parenting competence ranges from excellent to competent to poor. Therefore, Cassidy argues that

individuals who foresee being poor or merely competent parents should opt not to parent

(Cassidy, 2006). However, more often than not, the aforementioned individuals find themselves

in parenting roles. In this case, the issue of foster care and adoption comes in handy. She outlines

that it is only a minority of parents that can handle the parenting role of their children

excellently. The rest of the parenting society should therefore, abstain from parenting roles to

prevent harm to their offspring. I will raise a justification statement about Cassidy’s argument

presenting the reasons as to why foster and adoption policies should be revised.

One reason to encourage foster care as well as adoption is that it minimizes the challenge of care

which consequently reduces the occurrence of parents harming their children. Foster care takes

into account how birth parents may potentially affect child development rather than how the

child’s existence affects parents. Cassidy outlines that foster care and adoption is an effective

way of parenting and advocates for revision of foster and adoption policies. Below are reasons

for support and changes in those policies as outlined by Cassidy:

1. Foster and adoption policies should do whatever is in the best interests of the child.

2. Many birth parents are incompetent parents.

3. Being raised by an incompetent parent is never in the best interests of the child.

4. So, (from 2 and 3) being raised by one’s birth parents is often not in the best interests of

the child.

5. Many current foster and adoption policies emphasize reunification with birth parents.

6. So, (from 1, 4, and 5), many current foster and adoption policies are in need of revision.
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Cassidy claims that foster and adoption policies are in the best interest of the child. These

policies are effective at reducing the harm that incompetent birth parents may inflict on their

children. Foster and adoption policies reduce the aforementioned detriment since they are as a

result of a court action. Courts formulates a range of resolutions that affect the foster children

such as placement and custody determinations, safety and permanency planning, and

proceedings for the termination of parental rights. Statutes that call for the consideration of the

child’s best interests are emphasized by the courts while making critical life issues such as

child’s custody and placement (Child Welfare Information Gateway, 2016). Therefore, foster and

adoption policies favor the child in that, while making decisions that affect children, the courts

must first take into account whether the decision it is about to make will be in the best interests

of the child.

While arguing that many birth parents have incompetent parental habits and they should either

abstain from procreating or leave that role to foster care or adoption, Cassidy does not suggest

that a legal ban concerning parenting should be introduced. She suggests that apart from the

potentially excellent parents, the rest should abstain from procreating. Abstaining from

procreating is less intrusive and patronizing measure than licensing of natural parents in the same

way as adoptive parents as suggested by LaFollette (1980). She has outlined how elimination of

compulsory motherhood has had an impact in the way women control their lives and

consequently leaving their children in better care. Therefore, birth parents reflecting on how their

parenting would affect the growth of their children instead of how the existence of the children

affect them would have an impact on procreation or parenting decisions taken by individuals.

Incompetent parents pose a threat to their children. Such parents do not raise children with their

best interests in mind. When suggesting that incompetent parents should not be the custodians of
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their children as they may harm them, Cassidy is referring to the risks that such parent may pose

to their children, for instance, poor health. A majority of birth parents may be unable to meet

high standards of parenting responsibilities and therefore, dealing with threats like poor health

would be problematic to such parents. In this situation, the birth parent fails to take into

consideration the best interests of the child -which is health care- by not taking preventive

measures at an early stage. Intervention in an early stage is more likely to succeed and eliminate

the risk of poor health. Parents with poor parenting habits are more likely to hurt their children

thus disrupting the narrative of parenthood as the ultimate life realization. From this statement,

premise three is true since an incompetent parent fails to consider most of the basic interests of

the child such as healthcare posing a huge risk to the well-being of the child.

Cassidy is more likely to respond to poor and incompetent parenting by resulting to foster care

and adoption. She suggests that only the minority of individuals who can parent excellently

should raise children. The rest should abstain from parenting roles since they may fail to consider

the best interests of their children. Foster and adoption policies are for the best interests of the

child since they aim at providing early intervention. Early intervention helps in identifying

children at risk of poor health and assists in taking preventive measures. Therefore, children

under foster care and adoption are more likely to have fair opportunity and live a good life in a

similar manner to those under the care of competent parents. Therefore, this statement proves

premise 4 to be true since most of birth parents are unable to meet the high standards of

responsible parenting. Furthermore, it proves that foster and adoption policies favor the best

interests of the child since the courts do not grant child custody to individuals who are not

capable.
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Cassidy also states that most of the current foster and adoption policies emphasize reunification

with birth parents. Although she suggests that only the competent should procreate, she does not

imply that people should not procreate at all. For instance, people may give birth but at the

moment lack in capacity to provide for their children. Therefore, it would be best for such

parents to post their children for foster care while they strive to meet the needs that would set

normal childhood experiences for their child. First, it is important to note that each foster care

case begins with an aim to reunify children with their birth parents (Freundlich, 2010). After the

biological parents are at a position to take care of their children responsibly and have thoroughly

complied with the case plan, they can regain the placement of the child. However, the social

services must deem the home of the biological parents safe for the child to return. Therefore,

Cassidy does not necessarily imply that all birth parents are incompetent and should not be the

custodian of their own children. In the case of incompetent biological parents, they can still get

the custody of their child if they meet the goals given by the social service and if they do so in a

timely manner. After fulfilling these goals, they regain placement of their children who are then

able to return to their families. Although reunification is the main goal of foster care, if the

biological parents are unable to fulfill the goals given to them by the social service the child may

be adopted permanently (Chambers et al., 2008).

Cassidy notes that the foster and adoption policies still hold some faults that need to be revised.

However, she does not suggest in any way that they are ineffective. For instance, there is need to

strengthen the court particularly in issues concerning foster and adoption policies. While

reunification requires court intervention, its function is limited considering that a child who

enters foster care through voluntary care can return to their biological parents without the

consent of the government (Bardzell & Bernard, 2015). Therefore, it would be important for the
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courts to intervene even in such situations to ensure maximum protection of the child. Courts are

the monitors of the child welfare system and they control what children are served by the child

welfare as well as the kind of services they receive. Therefore, the courts should be granted total

control of processes that are critical to the life of children under foster care such as reunification.

The court models are not doing enough to enhance the responsibility of biological parents.

Cassidy notes that there is lack of court models that enhance judicial decision making in child

welfare cases. Instead of placing children for adoption, parents who lack the capacity to provide

a normal childhood experience for their children should seek help in programs such as Family

Treatment Drug Courts (Child Welfare Information Gateway ,2016). Cassidy would thus result

to such programs which are important especially for parents who have substance abuse problems.

Such programs help parents to be clean and sober which is in turn impactful to their emotional,

personal as well as financial wellbeing. Although she outlines foster care and adoption as a great

way of taking care of children parented by irresponsible individuals, she still stresses the

importance of biological parents. She therefore, suggests that the government create more

programs similar to Family Treatment Drug courts that will not only take a look into foster and

adoption policies but also look into the welfare of biological parents so that they remain in

custody of their children.

As much as Cassidy advocates for foster and adoption policies for the care of children while

taking consideration of their best interests, she still recognizes the importance of biological

parents. Her argument favors the side upon which the child has a normal childhood experience.

That is, be it with biological parents or foster parents, the children deserve care that looks into

their basic interests. Therefore, Cassidy suggests that parents as well as the government should

strive to create the most optimal environment for child development. Parents should be
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competent and responsible to take care of their children while the government should ensure that

parents and especially the incompetent ones do not harm their children and provide for kids who

suffer in the hands of irresponsible parents.

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References
Bardzell, A., & Bernard, N. (2015). Adoption and foster care. Geo. J. Gender & L., 16, 3.
Cassidy, L. (2006). That many of us should not parent. Hypatia, 21(4), 40-57.
Chambers, K., Zielewski, E. H., & Malm, K. (2008). Foster youths’ views of adoption and
permanency. In The Urban Institute Child Welfare Research Program.
Child Welfare Information Gateway. (2016). Determining the best interests of the child.
Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.
Freundlich, M. (2010). Legislative strategies to safely reduce the number of children in foster
care. National Conference of State Legislatures.
LaFollette, H. (1980). Licensing parents. Philosophy & Public Affairs, 182-197.