The Adoption and Safe Families Act: In whose 'best interests'?

摘要

ASFA was enacted during a time in which the media brought to the public's attention horrific stories in which children were abused, neglected, and even murdered at the hands of their parents. ASFA was a reactionary policy crafted to address the public outcry of the times by sending the message that all children in foster care---regardless of race---needed a safe and permanent home. ASFA may have more serious consequences, however, for Black children and their families. Literature suggests that racial disproportionality exists in the child welfare system, possibly caused by disproportionate risk factors among Black families, racial bias in the handling of referrals to child protective services, and difficulties recruiting adoptive homes for Black children such that they cannot exit the system as readily as White children. While much has been written about the pros and cons of ASFA, few if any articles or studies have analyzed ASFA within the framework of legal hermeneutics; that is, few scholars have looked at the legislative history of ASFA at the time of its enactment and compared that intent to the current climate of ASFA as it is clarified in court decisions and examined under the microscope of public policy. Race is not explicit within the text of ASFA; thus, it is likely that the creators of ASFA were "color blind" to the unique issues of Black children and did not intend to create or perpetuate racial disparity within the child welfare system.