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As the Pendulum Swings: Navigating Efforts to Act in the “Best Interests” of Children in Foster Care |
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Abstract:
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The Adoption and Safe Families Act (AFSA), enacted by the United States Congress in 1997, was considered by many child welfare advocates as a milestone in efforts to prevent children in foster care from languishing in out-of home placements. AFSA and its most recent amendment in 2001 mandates states to initiate steps towards the termination of parental rights for a child who has been in foster care for 15 of the previous 22 months. The law also provides states with an opportunity to move children who have experienced serious maltreatment to be placed on a fast track for adoption. AFSA has many opponents, many of whom are concerned with the preservation of parental rights and the role of the State in protecting children from harm. Although the need for permanency and safety are of paramount concern for most child welfare and family advocates, debates about how best to achieve these goals are indicative of larger cultural debates over parental autonomy and the State’s role as parens patriae. This paper will outline a number of complications inherent in current federal and state laws that have been enacted to protect children from physical, emotional and sexual abuse and neglect. Interviews conducted with 20 professionals working with children in foster care in Massachusetts will help illuminate some of the tensions that often arise between family preservation policies and safety and permanency planning for children in state care. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Appell, Annette., Sutherland, Sharon. and Hyde, Justeen. "As the Pendulum Swings: Navigating Efforts to Act in the “Best Interests” of Children in Foster Care" Paper presented at the annual meeting of the The Law and Society Association, Jul 06, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p96314_index.html> |
APA Citation:
| Appell, A. R., Sutherland, S. and Hyde, J. K. , 2006-07-06 "As the Pendulum Swings: Navigating Efforts to Act in the “Best Interests” of Children in Foster Care" Paper presented at the annual meeting of the The Law and Society Association <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p96314_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: The Adoption and Safe Families Act (AFSA), enacted by the United States Congress in 1997, was considered by many child welfare advocates as a milestone in efforts to prevent children in foster care from languishing in out-of home placements. AFSA and its most recent amendment in 2001 mandates states to initiate steps towards the termination of parental rights for a child who has been in foster care for 15 of the previous 22 months. The law also provides states with an opportunity to move children who have experienced serious maltreatment to be placed on a fast track for adoption. AFSA has many opponents, many of whom are concerned with the preservation of parental rights and the role of the State in protecting children from harm. Although the need for permanency and safety are of paramount concern for most child welfare and family advocates, debates about how best to achieve these goals are indicative of larger cultural debates over parental autonomy and the State’s role as parens patriae. This paper will outline a number of complications inherent in current federal and state laws that have been enacted to protect children from physical, emotional and sexual abuse and neglect. Interviews conducted with 20 professionals working with children in foster care in Massachusetts will help illuminate some of the tensions that often arise between family preservation policies and safety and permanency planning for children in state care. |
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