I am the maternal aunt of my niece whom we adopted 9 months ago. (There has been a Termination of Parental Rights for both parents.) She is now 8 and first came to stay with us at 4. So we have always had that familial label of her calling me her aunt and me calling her my niece.
Since adoption (and a bit before) she has been switching her labels describing us. It’s aunt or uncle, my parents, my mommy and daddy. Which is 1000% fine. We told her she can call us whatever she likes, whenever she likes. We all know who we are, we’re the fam-a-bam no matter how you call it. And she’s totally happy and we are totally happy to roll with her daily.
I think I’m tripping over myself, over how she defines us to others, when I’m not with her. She’s always been my niece longer than she’s been adopted by me. So, of course that’s what I automatically say. But I feel like because of the adoption I SHOULD be calling her my daughter ? That makes it feel like a society rule that meets actual legal reality. But that doesn’t feel exactly right, because she’s my niece, ya know? And I’m sorry if that sounds off, that’s the best way I can describe it in my head.
I guess I’m wondering, if it’s okay for her to switch off like she does (which she doesn’t currently mind) or if it would be better for her stability to have a set label coming from the adults ? She’s been through so much in her life already, I don’t want to be adding more pressure or anxiety by doing something “wrong”, that could maybe be so grounding as a consistent family label. I know she’s proud of us and I don’t ever want her to feel like I’m (we’re) not proud of her.
Some thoughts from an adoptive parent – my friend raised her grandchild. She had raised her since the age of 1 (guardianship) calling her “Mom”. Her granddaughter always knew she was a grandchild but neither wanted to keep explaining to everyone what had happened to her parents. She is now 16 and still calls her grandmother “Mom”. Her other grandchildren call her by a grandma nickname. That is fine because she can be a grandma to them but the relationships are not the same as with the child she cares for, in a mom role. My niece, who came into care at 9 and was adopted at 12, has always called my sister Molly and my brother-in-law, Ted. Mine was adopted at 9 months and has always called me “Mom” but knowing what I know now, I wish she had called me Gretchen. She reunified at 16 and has no idea what to call anybody. We are working on this with her therapist. Your niece knows her story and society is nosy. Kids just want to fit in. My mom was “Boofa” but on Grandparent’s Day, another young niece introduced her to all her friends as “Grandma” because she thought the other kids would laugh. Let her lead.
blogger’s note – I went through a period of relationship confusion myself. Both of my parents were adopted and those who I knew as my grandparents were actually my parents’ adoptive parents. So after my parents died, I had the good fortune to actually discover the identities of all 4 of my genetic grandparents (though ALL of them were deceased by then, it did open the door to a genetic aunt and some cousins). For awhile, that threw me into emotional confusion. By then, I was already into my 60s and I eventually worked through my emotional discomfort.My son has said to me that I have a very complicated family. Truth.
Some adoptees will tell you it is people pleasing. My adoptee mom was very good at that. Anyway, on see this, I went looking and found these –
From LINK>Science Direct – Related to nonbiologically related siblings reared together – 5 basic dimensions of personality. [1] Extraversion, [2] Neuroticism, [3] Agreeableness, [4] Conscientiousness and [5] Openness. Adoption studies have consistently found little or no personality similarity among adoptive relatives, confirming that growing up in the same home has little impact on personality similarity.
And this from a LINK>Psychology Quizlet – There appears to be little parental influence on adopted children’s personalities. Adopted children’s personalities are not similar to those of the parents who adopt and raise them. The correlations of personality traits between identical twins are higher than the correlations for fraternal twins.
A point was made in my all things adoption group that “Child removal is a separate issue from adoption.” My image comes from a post at Generocity by Steve Volk titled LINK>Black families confront a child welfare system that seems intent on separating children from parents. I already had encountered information about that before.
In my group, an adoptee admits – It was 100% right for me to be removed from my biological mother, it was 100% wrong for me to be adopted when I could’ve aged out of the system. I was 17 when I got adopted. I had less than 8 months til I turned 18.
Another adoptee says – there’s a big difference between foster care and infant adoption but the effects on us remain the same. Not one of us, who care about reform, advocate for a child to remain in harm. Those with a lived experience of adoption and foster care know – it often does more harm than good.
One adopted as an infant says – I have to remind people that external care may be necessary but adoption is not. I required external care. I did not required adoption.
One person with experience with the foster care court system has questions – Why is adoption considered to be creating permanency and pushed so heavily? Initially one would think cost of care, but when subsidies are factored in, is this cost really an issue? I guess there could be more governmental cost incurred due to employing caseworkers, etc. Is the current system a “fix” for the broken system where kids remained in long term foster care most of their lives and never have a “family” atmosphere? Where did the Adoption and Safe Families Act come from, that made it a federal law that kicks in at 15 to 22 months after removal?
Some possible answers come – society, on the whole, has specific views about adoption that have been absorbed into the mainstream view. What percentage of people in the whole of society are CONSCIOUSLY AWARE that an adoption can be disrupted by the adoptive parents, that children are rehomed by their adoptive parents, or that adopted children are over-represented in residential treatment centers? Only a small percentage of people who have no experience with adoption know these things. However, there are also people who ARE involved in some part with adoption situations that don’t realize these either.
There are systemic issues. Some stem from sociological issues that could be addressed on a larger scale (and, to an extent, are now being addressed on social media). Because of systemic issues, removals happen that shouldn’t. Those children are sold to couples who can afford to pay, instead of giving their actual parents support.
From another – Honestly. It makes adults feel better that this brings permanency and that it makes the kid feel stable. It only brings that, if you’ve told the kid that’s what brings stability. The local foster group always bashes anyone who says they’re going for guardianship. Telling them how the biological family will be dragging them into court every month. Saying how it’s awful and the kids deserve better.
And yet another perspective and a story from real life – it came out of frustration with children being held in foster care and shifted from home to home with no permanency over many years (5-10 or more) while parents made no progress towards reunification. The United States loves big one-size-fits-all solutions to complex problems. This act created massive incentives for states to get kids out of foster care and into adoptive homes. Arizona is one of the WORST examples. My friend was forced to adopt her granddaughter after just 12 months in care. Had she not been adopted by her grandma, Child Protective Services was going to place her with strangers who would. She was young (about 3), blonde and white appearing (although ~3/4s Hispanic), healthy, etc. Quickly out the door for a kid like her. Did the girl need to be removed from her situation with her mother? 100% but the timeframe for reunification was totally unrealistic. The mother eventually did get sober and stable but it took her 5 years, not 1. They eventually went to court to vacate the adoption and won a huge settlement from the state. After living with her mother for a few years, this girl is now back with my friend as her guardian because the mother could not stay sober, housed etc. But she is safe and loved and with family without being adopted. This time Child Protective Services was not involved. Incidentally, my friend was raised by her aunt because her own mother had many issues and my friend was never adopted. She wanted to do the same for her grandchild (as she is now) but the state forced her to do it their way.
An adoptee wants to clarify – When people just say they’re anti-adoption, it sounds to abused kids like you think they should be left with their abusive birth parents no matter what. When you’ve been abused by your birth parents, some people act like that’s their right – you’re their property. It’s very important to know that’s NOT what you mean.
One transracial adoptee notes – my mother did nothing wrong but my brother and I were taken. He’s still out there somewhere because the Catholic church recommended we didn’t stay together.
One person notes – it should also be possible to support families *before* abuse becomes an issue. Our society isn’t equipped for that right now. Our government would prefer to throw money at foster care, rather than at family preservation.
From an adoptive/foster care parent – There’s a difference between feeding the adoption industry and helping kids whose family has let them down. I’ll always push to help parents get the resources and help they need, but I also believe that kids deserve a safe space to grow up. Some parents/relatives get it together and some don’t. That’s a reality.
blogger’s note – I share what I do in this blog to help others, without a direct familial experience of adoption or foster care, understand the long term effects of decisions that are being made every day that directly affect many children and their families.
This was posted in my all things adoption group creating a bit of outrage and controversy. Some people here have such negative opinions about adoption or trying to find a family member to take them. What if the parents are messed up and sometimes it goes back generations? What if the other family members don’t want the kids? Adoption is not a bad word and helps many kids find stability. I have 6 adopted children with 3 different mothers involved and we all get along. I don’t judge them or bring up their past and they may not like the fact that they have to go through me to be in their children lives. I will tell you it works. I share everything with them about their children and even let them come to events. I deal with grandma’s and aunts and uncles and it works. They thank me for standing up, when relatives sat down and refused to take part. In a world where it takes a village, you are extremely naive to believe one person can get it done. I get it things don’t always work out as planned and the path you are on may all the sudden change. Foster and adoptive parents are heroes who take on challenges and many times don’t see the results of their labor. The situation is not perfect because you place people together with hopes, dreams and expectations and it never works out the way you’ve planned. Let’s face it though – that’s life.
Unsurprisingly, there were a lot of comments (188) and I won’t be sharing all of them but will selectively share a few. This person’s perspective on adoption and the need for it is not uncommon in adoptionland or among adoptive parents. No one wants to know that any child is abused or neglected. That should go without saying but sometimes it still must be said.
One said – you don’t think my messed up family loves their children??? These people need to stop taking children, they’re not saving them.
Another one notes (and I have seen this more times than I have a number for) – my adoptive parents were messed up.
Someone else said what must be said – All children deserve to be raised in a safe and loving home with parents who want them and are equipped to raise them. The issues arise when there are barriers to that happening and society prioritizes giving the child away over removing the barriers. Describing adoptive parents as ‘heroes’ feeds into that mistaken prioritization.
One noted – pretty sure my family has a book on surviving fucked up!!!! We still fought to keep our family together!! I will always, always argue family is best!!
The current activist/reformist perspective is – Stewardship or Guardianship. Then there is no need for “adoption” AT ALL.
One asked the hard questions – Why does helping families in crisis include owning their children? You said it yourself, “it takes a village” – so why does the one with most resources get to own the children? Why is it such a hard concept that the whole family should be lifted up out of crisis? Why does a child have to lose everything just to receive care?
An adoptive parent writes – the reality is that adoption is not all joy and perfection. The trauma that adopted children face is a reality, there are many different factors behind the trauma but there is no denying that taking a child from their mother is trauma. Are you able to set aside how amazing you think you are, in fact can you take off the superhero cape that you wear from long enough to try and understand the words of adult adoptees? Adoptive parents are not saviors, we are not hero’s. All of our stories and experiences are different but we can learn so much from adult adoptees and try to do better.
Someone else notes – We aren’t saying that adoption is evil, we are just saying it is mostly evil (today as things are). It is a corrupted system where children are the fodder for the selfish. We are trying to make changes so there is more help for families to stay together and less child trafficking. Children, should only be removed from their natural parents in the most dire of circumstances (Rape, Murder, Incest, etc.) And even then, being adopted is and will be traumatizing. The children suffer for it and will need life long access to therapy. If it is safe enough for children to visit with and see their parents, then it is safe enough for total reunification. It is a sick world we live in, where stealing a baby is commended but helping someone through the struggles of human life, so they can parent their own kids is rarely brought up.
Blogger’s Note – No wonder I spend time nearly every day trying to be part of the answer to what is wrong about adoption.
An interesting question from an adoptive parent showed up today – two children had to be removed from their natural parents. They have the same mother but different fathers. Each father has a sister willing to care for both kids until they can be returned to their parents. Is it better to keep the children together with one aunt ? In that case, one child will be related to the aunt caring for them but the other not – biologically. Or is it better to separate the children, in order to prioritize having each child be cared for by an aunt who they are biologically related to ?
Under these unfortunate and traumatic circumstances, is it better to be in the same home with your sibling, if you are being cared for by your sibling’s aunt (who is not biologically related to you) ? Or is it better to be in a separate home from your sibling, so that both of you are cared for by an aunt you are biologically related to, even if it means not living with your sibling ?
The originator of these question is one of the aunts. If placed with her, the toddlers will also be placed with their two older brothers. This she feels is an important aspect for all 4 of the kids. She does not want the kids separated but she does not know if being cared for by an only indirectly related adult matters, if that keeps the siblings together. She notes that their goal is reunification. The other aunt and this woman do not live near each other. If they are separated, their sibling contact will not be as often as might be desirable. Either aunt relocating is not an option. These kids are toddlers, so not old enough to establish their opinion. Their parents have not expressed a preference in this situation.
A response from a domestic infant adoptee – If the siblings get along, keep them together. Make sure they have opportunities to spend time with other family members as well. These siblings staying together should be your top priority.
Another adoptee shared – this actually happened to my nieces and they both ended up with the oldest one’s aunt and it worked well for them. I think it’s best to keep siblings together whenever possible UNLESS the relative would treat the non-biological child differently or keep them from seeing their family.
A former foster parent notes – in my experience it was best to keep siblings together. Sometimes the county would split up siblings and it was so hard for the kids to understand why they can’t be together. They missed each other. Are the toddlers more familiar with one of you, than the other ? They should go to the one they are most familiar with-in my opinion. (Response was that they are familiar with both aunts equally.) They are already being ripped from their home, their parents and everything they know (even if it wasn’t ideal, it was still what they know), so please don’t take them from each other.
A former foster care youth says – from experience, sibling separation is torture on top of trauma. Siblings are truly the only ones who are going through the same situation and having that support is invaluable. They can visit the other aunt.
Another adoptive parent to foster care siblings suggests – is it possible to do a shared custody – one aunt becomes primary home and the other aunt has lots of phone calls, takes care of the kids for long weekends, helps if there is an emergency, is a place that kids also know well as their extended family.
Another affirmed – I grew up in this exact situation, but it was my grandmothers. I am thankful for their supportive friendship that gave me stability. Always welcome at either house, open communication, always invited to things. At least once a week in Elementary School, my brother and I would get picked up by the grandma we didn’t live with, would have dinner at her house, she took me to dance class, I spent weekends and breaks with her. One took guardianship of me as a teen, so that she could make medical appointments for me since I lived with her. Absolutely a great solution.
The one who originally posed the questions confirmed – this is currently how we live. I’m one of the aunts and I have the toddlers’ two older siblings and what you describe is the relationship that we have with their immediate and extended family. The other aunt will be part of this village, without a doubt.
We were asked would we consider being a kinship placement for our great-niece. She is 9 years old, and lives 12 hours away. We may be the only stable kinship placement for her.
[1] Would you prefer to be closer to home with strangers and the possibility to see grandparents who you know well more often?
[2] Be with family that loves you but don’t know you as well, and not see grandparents as often?
Response from an adoptee – I’d want to go with kinship who’s committed to (and follows through) with maintaining my distant relationships with friends and grandparents. I’d want to know I’d have a voice in when I’d get to see them (not just when it’s convenient for my guardians), and that it’d be on a regular basis (preferably quarterly). However, this is SUPER personal, and my answer comes from my history of not having a single genetic relative in my childhood
Response from a birth mother (the mother in question has NOT had her parental rights terminated and the child has been in the state’s care for 2 months) – if I was already feeling defeated in this situation my child moving 10 hours from me would make me less motivated. And it would affect visitation. If rights are terminated or they opt to close the case with a temporary relative guardianship, then I would step in. Or as a former foster care youth – if more than 2 years passed I’d crave stability and wouldn’t care anymore about how close I was to a mom who wasn’t trying to see me anyways. But at only 2 months in care, it’s too short of a time to know how things will play out.
And this – I wouldn’t trust adoptive parents/strangers to keep up the kinship relationship, even if they were local. I doubt they’d have much incentive to continue to allow her to see her grandparents regularly, and there’s little recourse if the legal rights are cut off. From this experience – I was adopted by my great-uncle as an infant, but didn’t know about the kinship relationship until adulthood – and if my adoptive parents wouldn’t even tell me about my kinship relationship, how likely is it that strangers would maintain relationships? I’m grateful that I had/still have the kinship relationships (despite them not telling me), and I wouldn’t have had that, if I didn’t happen to grow up with them.
It’s typically a time of the year to reflect on everything that has happened during the last year. It’s always grounding to look back and reminisce on every moment that has stood out. Our local newspaper does this every year – the first 6 months in the issue before New Years and the last 6 month in the first issue published after New Years. It doesn’t matter whether our moments have been positive, negative, happy, sad, or a mix. Every moment we live through shapes us into the individuals that we are today.
I will probably continue to try and write a new blog every day. I learn so much doing this as I don’t constrain myself to repeating my own family’s story over and over again because that really would get boring not only for me but for any readers of my blog. I often share other stories related to adoption that I come across – usually excerpts with a link to the full article. Often I make personal comments within my blog that an article triggers me to think of.
So, yes it’s also a time to look towards the future. Maybe you’ve heard the saying, “New year, new me!” but I don’t perceive anything really new about me or anything truly new under the sun that might be shared in this blog. I never know however when someone may discover an old one in a google search or come across my blog in some random way, so I don’t really expect there will be any earth shattering changes in the content that I write about. Just pounding on many of the same points over and over again, to maybe reach someone who has become receptive to the way I am viewing adoption now – thanks to so much emotional labor shared on social media by adoptees and former foster care youth. I have NO New Year’s resolutions related to my own work here, which my daughter has referred to as my seeming mission. My goal remains trying to come up with something I have not written or shared before and to do so almost every day (I do occasionally miss one). I expect that I will just keep going because I am not ready to give it up yet.
Some foster children or newly adopted ones have been through a lot of trauma. It is reasonable to understand that the holidays may have a negative connotation for them, or they have nothing to relate enjoying a holiday to. One woman writes – I know for my adopted siblings, they were able to look at the first new year that they spent with us as a clean slate. They had lived a life that no child should live before and during foster care. Since we were planning to adopt them before my parents went to meet them, this was the first time that they had a sense of stability. I understand that this is a hard concept to grasp, especially for those who didn’t grow up in the system. Imagine not knowing where your next meal is coming from, who you’re going to be with, where you’re going to be, and if this foster family loves you and willingly keeps you. These thoughts are constantly nagging in the back of their heads, but now it’s like a breath of fresh air.
And so, to you who are foster parents, it may be difficult to not use language regarding the future of your foster kids. It is completely full of unknowns and can be scary for these kids. Put emphasis on the future they can expect with YOU. It may be helpful to reassure them that you will be there for them – while they’re in your home and that you will make sure that they are taken care of.
Acknowledging that some parts of today’s blog were assisted by – How to Celebrate New Years As a New Adoptive/Foster Family? by Emily Perez a stay-at-home mom with a BS in Elementary Education from Eastern Oregon University. When she was younger, her parents did foster care and adopted 5 children from all walks of life to become her siblings.
Pro-Adoption advocates are likely to cheer the increased availability of newborn infants for adoption if the Supreme Court does basically, at least in effect, overturn Roe v Wade. Adult adoptees will mostly mourn the likelihood.
On this day, I found an interesting blog titled – Christians: We’re NOT READY to Abolish Roe v Wade. The author admits – “I am a man. I am an adopting father. I am a minister. I am Christian. These are my inherent biases right at the top.” He also writes – “as I’ve observed pro-life culture throughout my adult life, I’ve noticed a problem – We’re not ready for it. We’re not ready for all the babies. Literally.”
He adds this thought – If Roe v Wade is overturned, many of these new babies could eventually end up in the foster care system or be put up for private adoption. And not just once, but every single year. The foster care system as it stands today is already stressed – 400,000 + children are already in a system that is underfunded, understaffed, and suffers from a lack of certified families available to foster and adopt. An additional 600,000-1 million children every yearwill overwhelm the foster care system in every possible way.
He asks – Are you willing to put your feelings aside and sacrifice space in your heart and home for children who need stability while their family situation is sorted out, knowing they could be reunified with their birth families? Are you prepared to give up several weekends to undergo the education necessary to foster? He also asks – Are you prepared to spend thousands of dollars to adopt privately?
One of the problems I have had with the whole Pro-Life movement is that it is NOT about quality of life. It is only about getting babies born – and then, who cares what kind of life they or their mother have after that?
These babies that result from ending Roe v Wade may not be white infants; and if coming through foster care, these will likely be children with a host of behavioral, mental, emotional, and spiritual problems. When these children age out of foster care at the age of 18, they will likely end up incarcerated and having babies of their own who will then also end up in the foster care system. Imagine having nowhere to go during Christmas. Imagine having no family to celebrate your birthday with you. That’s what it’s like for children who age out of foster care. Foster care children (in the literal and legal sense) are refugees in their own country.
This one could get some Conservatives’ attention – To be ready for all these post-Roe v Wade babies, we’re going to have to pay more in taxes, mostly on the state level. Many conservatives want abortion to end, but also want to cut the government programs that help mothers and families who decide to keep their babies to survive financially. This would also include stipends from the state that go to foster families to help them cover the additional costs of caring for these children. Are you willing to say that the babies need to live, but need to do it without the aid that sustains them? I believe that this question actually repeats the primary goal of the Pro-Life movement – birth but no financial aid for families.
He then asks – Christians, are you willing to accept that comprehensive sex education beyond abstinence must happen to reduce pregnancies?
Reality bites, doesn’t it ? In conclusion – If you are NOT prepared to do more than vote and post on Facebook concerning abortion, then stop calling yourself pro-life. You are pro-birth. You want the children to be born, but you’re not willing to do anything for them after they are born, and thus you condemn them to a life where they’re much more likely to be mired in poverty, crime, incarceration, and a continuing cycle of giving birth to unplanned children.
Whether it gets through or not, it is a step in the right direction. New legislation authored by California Rep. Karen Bass (D), would drastically change that standard: Under the 21st Century Children and Families Act, states could not even attempt to permanently sever children from their parents until they’d been in foster care for two full years consecutively, barring extreme circumstances — and even then it would be up to the states, and no longer a federal mandate. The reason that this is important is that the 1997 Adoption and Safe Families Act (ASFA) requires states to terminate parental rights when a child has been in foster care for 15 of 22 consecutive months. Granted this is just a tiny step.
“This bill is an important first step in moving away from cookie-cutter timelines that have caused devastating harm to children and families for decades,” said Kathleen Creamer, managing attorney of the family advocacy unit for Community Legal Services in Philadelphia.
Existing exemptions would be maintained for certain “aggravated” circumstances, such as when parents have committed sexual abuse or have been involved with the death of another child. But the legislation would free parents from the federal timeline when their custody rights are threatened due to incarceration or immigration detention — or in cases where they are actively working with the court to overcome hurdles in their lives to successfully bring the family back together. Parents are not subjected to the federal timeline if their children are placed with relatives.
Under the bill, if a state so chooses, it could eliminate all timeline requirements, except in cases involving aggravated circumstances.
Bass announced her landmark legislation in a news release Thursday. “It’s time to update old child welfare laws,” she said. “More needs to be done to improve foster kids’ options for stability in their lives. Premature modification of parental rights too often leaves children in foster care with no legal family.”
The legislation is at the earliest possible stage, and far from guaranteed, with many elements that could lead to controversy, including strengthening the rights of prospective LGBTQ parents. The bill could also be challenged by representatives of the adoption industry, policy watchers said.
“With respect to the timelines, we’ll be looking at those proposed changes carefully and considering how they affect children and families involved in foster care, especially BIPOC children and families, given the systemic discrimination they face,” said Mary Boo, executive director of the North American Council on Adoptable Children.
Children removed from their homes following allegations of abuse or neglect remain in foster care while their parents address the issues that landed them there, issues typically arising from extreme poverty. Under family and dependency court oversight, local child welfare systems must mitigate the circumstances that led to the child’s removal into foster care, offering the parents therapy, anger management, parenting classes and drug treatment, as well as the time necessary to overcome situational crises such as homelessness or illness.
Charles Redding barbecues for his two children last Easter at the home of a relative in St. Paul, Minnesota. The family is now in dependency court fighting to stay together.
But that time is often not enough. The pandemic has brought heightened scrutiny to the “cruelty” of federal timelines. Parents such as Charles Redding of Minnesota have fought to regain custody of their children when circumstances are stacked against them to no fault of their own. Redding, for instance, had emerged from jail with no computer to attend court-mandated hearings and online classes, and the local center where he needed to go for drug testing suspended services. Earlier this year, Redding’s two children sobbed through a virtual court appearance, imploring a Hennepin County juvenile court judge to give their dad more time to secure stable housing for them to live together.
David Kelly, a former official in the U.S. Children’s Bureau, called the bill introduced this week “a critical, long overdue step toward justice for families,” adding: “I hope it proves a galvanizing moment for realizing the family children need most is their own.”
Bass is a longstanding champion of children and parents caught up in the foster care system — families who are disproportionately Black and Native American. She is among those emphasizing that the bar for reunification is often too high, and the impact of permanent family separation too damaging to continue the federal standards as they currently exist.
“The changes that I’m proposing today focus the foster care system on the child and the idea that children should be at the center of our efforts,” Bass stated.
Her legislation would require that before moving to terminate parental rights, states must describe the steps they took and services they provided to help keep a family together. It would also mandate data collection on the accessibility and availability of those services.
Shanta Trivedi, director of the Sayra and Neil Meyerhoff Center for Families, Children and the Courts at the University of Baltimore said that while states are already required under law to provide services under a “reasonable efforts” standard, the proposed law will ensure that protocol is followed for every family.
“This puts teeth into the ‘reasonable efforts’ requirement that were previously absent,” Trivedi said.
The bill has another key element: It adds sexual orientation, gender identity and religion to federal nondiscrimination protections that previously only included race and ethnicity. Under the proposed law, states and agencies they contract with could not “deny to any person the opportunity to become an adoptive or a foster parent” based on those additional factors. The provision would directly challenge laws in nearly a dozen states that permit faith-based providers to exclude members of the LGBTQ community by following religious ideology in choosing which foster and adoptive parents, or even which youth in foster care, they will and will not serve.
The legislation proposed by Bass retains current legal requirements that adoptions cannot be delayed to match children with families of the same race, gender, culture and religion. But it instructs states to consider such factors if that is requested by the child or their birth parent.
When the Adoption and Safe Families Act became law decades ago, nearly a third of all foster children had been in the system for at least three years. The timeline was designed to push those cases in the direction of adoptions or guardianships so that children didn’t languish with uncertain futures.
Since then, adoptions from foster care have more than doubled — from 30,000 in 1998 to 66,000 in 2019. Over the past decade, federal statistics show that the number of children awaiting adoption has also increased, by more than 20%.
The attempt to rewrite ASFA comes at a time when some are pushing for its outright repeal, including Jerry Milner, the Trump-era head of the U.S. Children’s Bureau. Along with Kelly, his former deputy, Milner now leads a consulting group helping state and local systems interested in significant reforms of their child welfare systems, including the strengthening of family bonds so children can avoid permanent family separation.
Critics of the current timeline that pushes for termination of parental rights after 15 months describe it as arbitrary and unjust to the families who mostly come from communities of color where daily life and the weight of historic and systemic injustice can bear down on home life. Advocates for parents say the federal timeline also penalizes people in recovery for substance abuse or seeking treatment for mental health challenges — complex healing that can take time and involve relapse and setbacks.
In a February 2021 op-ed, Creamer and Chris Gottlieb, co-director of the NYU School of Law Family Defense Clinic, described the social context around the original law: “Passed in the wake of the now-debunked ‘crack baby’ scare, and at the same time as nefarious federal laws on crime and welfare, it reflected the racial and class biases that were ascendant at the time and that to this day continue to inflict harm on children, youth and families.”
Under the proposed legislation, a 24-month timeline was selected to align with the Family First Prevention Services Act, a 2018 law that overhauled the federal child welfare system to decrease reliance on group homes and emphasize foster care prevention. But as it is currently worded in the Bass bill, states could choose not to abide by the two-year timeline — the legislation as written uses the word “may” — not “shall” — while continuing to receive federal funds for the children who remain in foster care.
“We are hopeful that this is just the beginning of making sure that states have the flexibility they need to embrace and uphold family integrity,” said Shereen White, director of policy and advocacy for the national nonprofit Children’s Rights.
Child welfare policy consultant Maureen Flatley, who helped craft both the original Adoption and Safe Families Act and Bass’ new bill, said the additional protections for parents would not only help more children reunify with their families, it could reduce the number of young adults who leave foster care alone and disconnected from stable housing, income or a support system.
Flatley said while the timelines can succeed at creating a greater sense of urgency around permanency for foster youth, roughly 22,000 youth still age out of foster care each year with no legal family ties. Meanwhile, many of their parents may simply have needed more time to complete court-ordered service plans.
“By maintaining those family connections and those relationships, we may be able to mitigate and limit the number of kids who are aging out alone,” Flatley said.
Under the 1997 Adoption and Safe Families Act, states have received financial incentives to push foster children along the adoption path, despite critics’ objections. Bass’s bill does not address adoption incentives, instead taking aim at timelines that lead to the termination of parental rights — a critical first step for children to be adopted.
Still, even staunch detractors of the existing law applauded Bass’s attempt to update it through a social justice lens.
“I don’t know what the chances are for passage, but the fact that we can even have this discussion shows that the racial justice reckoning finally is reaching child welfare,” said Richard Wexler, an outspoken foster care critic and executive director of the National Coalition for Child Protection Reform. “If it passes, it will improve the lives of, ultimately, millions of children.”
Today’s Sticky Situation – I have a friend who approached me asking if we could adopt her child she is currently pregnant with. She has frankly just an absolutely awful situation. Her baby’s father is getting out of prison soon after baby’s birth. (Within a month or so of birth) He does not know she is pregnant. I know him. We all grew up together. He’s awful. Abusive in every sense of the word. Drug addict. Been know to be inappropriate with children. Scary guy honestly. She has tried to leave him in the past and he’s always found her. She has no money. No savings. No family. We have exhausted looking into women’s shelters in our area and none are accepting people right now. She is insistent that she wants me and my spouse to raise her child and while we could very easily welcome a child into our home, that’s really not the point. She refuses to stay with me in fear of brining danger to my family and kids once her ex is out of prison. She’s saying she understands if I don’t want to take her baby but that if I won’t she is going to put baby up for adoption, terminating all parental rights, the whole thing. I really feel like she is going to regret this. I’ve offered some of the resources I’ve seen mentioned in here with really no changes in her decision. What would you do in this situation? My wife is of the mind that we should agree with the idea that baby won’t be going to strangers and if she changes her mind she won’t be in a situation where her baby is just gone to a new family she doesn’t know and will have no recourse to her baby back. With us this can all be undone if she wants that at any point. I don’t disagree with that but it still just feels so wrong. Is this the right choice? What else can we do to help her? I’m just so lost on how to proceed. I know deep down she does not want to give up her baby. She feels like she’s doing it for their safety and I understand that reasoning. Thoughts? I would appreciate so much any advice. Thanks!
Initial response – Can you look into women’s shelters in other counties or states? Either way it seems like getting far away from the abusive father would be beneficial for her and baby. I know many people recommend guardianship in lieu of adoption. I don’t know the specifics of how that works but maybe that could be an interim option.
The original commenter’s response – We have looked out of area and there seems to be some options for housing but she has a decent job here. She makes just enough to support herself. She’s not sure how to move out of area with a newborn, no savings and no job lined up. I’m not sure how that works either. I completely agree leaving the area would be best.
This response seems practical – Talk to a lawyer (or pay for her to do so). One experienced in domestic violence and child custody would be best. Dad will be able to claim parental rights no matter how bad he is, so she’ll need legal advice about how to keep him away from the baby no matter what option she chooses. Then you could talk to the lawyer about a guardianship arrangement, if she needs someone (you) to care for baby, and it will be much easier to get baby back when things are more stable.
The original commenter’s response was – I’ve mentioned this to her. I’ll keep working on her because I agree I think this a good idea. Her plan was to adopt baby out and claim she doesn’t know who the father is.
To which the answering response was – that may work, but if he finds out about it, he could contest the adoption and even potentially get full custody if she’s surrendered her own rights.
And the original commenter’s response was – I’ve mentioned that to her. She’s just so scared I think she isn’t fully hearing half of what I’m saying. I don’t see any scenario he could ever get custody though. He’s a registered child sex offender along with drug charges, gang ties. Things like that.
There is some question about whether she is married to this man or not – if he is her husband, he’d automatically be put on the birth certificate. If he’s not, she’d have to name him to get his name on the birth certificate, but if he finds out (from a mutual friend, etc), he could assert rights and demand a DNA test to prove paternity. Hopefully he has no interest in that, but abusers often do stuff like that just to pull their ex back in, even if they have no interest in parenting. All it takes is for a mutual acquaintance to see her pregnant belly at the grocery store and pass the word.
Finally this advice, a plan that can be put into action – For now, set up a temporary guardianship for when the baby is born. That way, you can take care of baby’s medical needs and everyone involved can be as safe as possible, but she still has her parental rights. Tell her not to sign the father’s name on the birth certificate when the baby is born. This means no child support, but also no abusive man can come take the baby unless he demands a paternity test. Have her keep her SS, ID, and Birth Certificates in a very easy to grab place that’s not suspicious. This could be with her or you, just somewhere safe. This is so any split second notice she can take it and leave without it being noticeable. Start saving up for a deposit that can get her and baby into a new, unknown place with a cushion too so she has time to get job or income assistance. Keep an eye around town for the shelters opening up. Its not illegal to be homeless with a newborn for this exact reason. Do the same with food drives. Maybe start hording separate gobags with diapers and formula as well. Get a burner phone. Depending on how tech savy he is, one without a GPS. He will probably be calling her off the hook and/or looking for her once he gets out. Finally, and this is worst case scenario and I hate to bring it up, she needs to put it in a legal contract who this baby is going to if she dies. This will also ideally be in the go bag. I can’t help on the adoption end of your question, but I’ve been through the leaving part. It’s going to be scary, and its gonna f**king suck. I’ve had to do this before, minus a child.
Missing Mom 