THE PROBLEM
Lack of enforcement of laws meant to protect:
Safe and Timely Interstate Placement of Foster Children Act
The law encourages States to improve protections for children and holds them accountable for the safe and timely placement of children across State lines. Includes two amendments related to child welfare hearings. The first requires all states to institute a court rule mandating that foster, kinship, and pre-adoptive parents be notified of any court proceeding that affects children in their care. The second gives these parents “a right" to participate in these hearings.
Adoption and Safe Families Act
ASFA is the most comprehensive piece of legislation addressing critical permanency issues in child welfare and the law. The law was a bipartisan action to ensure that children’s safety would be the paramount concern of all child welfare decision-making and to promote the adoption of children who cannot return safely to their own homes. The purposes of ASFA were to shorten the length of time a child spends in foster care, speed up the process of freeing children for adoption, clarify reasonable efforts requirements and hold states and counties accountable.
The Interstate Compact on the Placement of Children
The ICPC is a contract among U.S. states authorizing them to work together to ensure that children who are placed across state lines for foster care or adoption receive adequate protection and support services. The ICPC establishes procedures for the placement of children and fixes responsibility for agencies and individuals involved in placing children. To participate in the ICPC, a state must enact into law the provisions of the ICPC. The purpose of the ICPC is to protect the child in the interstate placement of children so that: The child is placed in a suitable environment; The receiving state has the opportunity to assess that the proposed placement is not contrary to the interests of the child and that its applicable laws and policies have been followed before it approves the placement; The sending state obtains enough information to evaluate the proposed placement; The care of the child is promoted through appropriate jurisdictional arrangements; and the sending state guarantees the child legal and financial protection. ICPC History: The need for the ICPC grew out of work performed in the late 1950’s when a group of social service administrators and state legislators informally studied the problems of placing children out-of-state for adoption or foster care. Although some federal statutes regulated interstate movement, they did not provide protection for children moved between states. The group found that a sending state, in the absence of the ICPC, could not compel the receiving state to provide protection or support services for a child. In addition, a receiving state, in the absence of the ICPC, could not compel a sending state to remain financially responsible for the child. In response to this group’s findings, the ICPC was drafted. Currently, all 50 states, the District of Columbia and the U.S. Virgin Islands have joined the ICPC.
RESOURCES
Headlines from around the country of the deadly impacts of premature reunification.
Foster care professionals on the impact of unsafe and premature reunifications.
One mother's journey through fostering and the murder of her son… and the fight to change a system that let him die.
SW887 DOCUMENTARY
A tool to advocate for legislative change.


