Abstract

The Adoption Assistance and Child the natural home, efforts are to be di Welfare Act of 1980 (P.L. 96-272) is a rected toward reuniting the family as significant work of legislation. In addiquickly as possible through the pro tion to setting the stage for a sweeping vision of goal-oriented and time-limited reform of the child welfare system, it services. At the same time, by requir marks the first time that the federal ing periodic review of all out-of-home government has regulated or provided placements, the law guards against the partial funding for adoption. Furtherphenomenon of children drifting or more, it represents a major policy getting lost in the foster care system, commitment at the national level to P.L. 96-272 reflects what Goldstein, children in jeopardy of separation from Freud, and Solnit refer to as a child's their families. Emphasis is now placed sense of time by mandating that if ef on providing a broad range of supporforts to return the child to the natural five services to maintain the integrity of family are not successful within a rea the family, rather than on rescuing sonable length of time, parental rights the child until the crisis has passed. should be terminated and other long Only if an immediate risk to the child's term plans made for the child.1 Of the well-being can be established is subseveral alternatives to being reared by stitute care to be permitted. Should it biological parents, adoption is the be necessary to remove the child from long-term plan given highest priority. For those children who have become „ emotionally attached to foster parents Gloria Waldmger, DSW, is Protect , . , , Director, Region 9 Child Welfare Wh° ^ W'limJ t0 ad°pt theTM' SPPOrtf Training Center, School of Social 15 g,ven to effect th,s as the plan of Welfare, University of California at choiceRecognizing that financial bar Los Angeles. The author wishes riers mi8ht prevent families from mak to thank Maurice F. Connery for his ing a legal commitment to foster chil support in developing this article. dren, P.L. 96-272 required states to es tablish ongoing subsidized adoption programs no later than October 1, 1982. Even if appropriate families are avail able who would not need the subsidy, the law specifically gives first prefer ence to adoption by foster parents with whom the child has resided, provided that significant emotional ties have de veloped. This perception of foster parents as prospective adoptive parents repre sents a significant departure from traditional practice. Foster care has been regarded, at least in theory, as a temporary expedient whose goal is to return the child to the family of birth. Until recently, it was standard practice for child placement agencies to require foster parents to sign agreements spe cifically disavowing interest in adopting children placed in their homes. Under P.L. 96-272, eligibility for adoption assistance is established through qualifications of both the child and the prospective adoptive parents. First the child must be certified by the state as having special needs, a des ignation requiring that a number of conditions be met. A determination must be made by the court that the child cannot or should not be returned

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