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1Adoption PolicyAdoption PolicyHistoryHistory¾¾In the U.S., the first In the U.S., the first ““modernmodern””adoption law adoption law was passed in 1851.was passed in 1851.¾¾During the twentieth century, numbers of During the twentieth century, numbers of adoptions increased dramatically.adoptions increased dramatically.¾¾5 million Americans alive today have been 5 million Americans alive today have been adopted.adopted.HistoryHistory¾¾Since 1950, adoption expanded to include Since 1950, adoption expanded to include older, disabled, nonolder, disabled, non--white, and children white, and children with special needs.with special needs.¾¾Since 1970, reforms to adoption have Since 1970, reforms to adoption have encouraged search, reunion, and open encouraged search, reunion, and open adoption. adoption. Indian Child Welfare Act (ICWA)Indian Child Welfare Act (ICWA)¾¾the motivation of ICWAthe motivation of ICWA¾¾Protect the best interests of Indian children Protect the best interests of Indian children and promote the stability and security of and promote the stability and security of Indian tribes and native families.Indian tribes and native families.¾¾Established a minimum federal standard Established a minimum federal standard for state removal of a child from their for state removal of a child from their home and guidelines for placement of home and guidelines for placement of foster children.foster children.19801980¾¾Adoption Assistance and Child Welfare Adoption Assistance and Child Welfare Act of 1980 was created to assist children Act of 1980 was created to assist children with special needs.with special needs.¾¾Parents who adopt children with special Parents who adopt children with special needs receive payments from the state for needs receive payments from the state for adoption expenses.adoption expenses.¾¾Provides tax credit of $5,000 to $6,000 to Provides tax credit of $5,000 to $6,000 to adoptive parents, in addition to subsidies adoptive parents, in addition to subsidies for special needs adoptions.for special needs adoptions.International AdoptionInternational Adoption¾¾Since WWII, adoption has Since WWII, adoption has globalizedglobalized..¾¾From Germany in the 1940s and Korea in From Germany in the 1940s and Korea in the 50s to China and Guatemala today, the 50s to China and Guatemala today, countries that engage in international countries that engage in international adoption have been devastated by poverty, adoption have been devastated by poverty, war, and genocide.war, and genocide.2Economic Requirements of Economic Requirements of Adoption from ChinaAdoption from China¾¾Countries such as China require adoptive parents to Countries such as China require adoptive parents to have a gross annual income of $36,000.have a gross annual income of $36,000.¾¾Domestic adoption requirements also have such Domestic adoption requirements also have such minimum income limits.minimum income limits.¾¾Gross rate of international adoption from China is Gross rate of international adoption from China is 5,053 in 2000, increasing from only 61 in 1991.5,053 in 2000, increasing from only 61 in 1991.¾¾International adoption brings China $4,000International adoption brings China $4,000--$5,000 $5,000 per adoption in mandatory fees and orphanage per adoption in mandatory fees and orphanage donations, other fees and expenses paid by donations, other fees and expenses paid by adoptive families.adoptive families.Legislative History of Adoption and Legislative History of Adoption and Safe Families ActSafe Families Act¾¾The repeal of AFDC and creation of a new block The repeal of AFDC and creation of a new block grant to States called TANF contains a condition to grant to States called TANF contains a condition to the states of receiving funds. the states of receiving funds. ¾¾States must operate Foster Care and Adoption States must operate Foster Care and Adoption Assistance Programs.Assistance Programs.¾¾Foster and adoptive children are eligible for Foster and adoptive children are eligible for subsidies if their families would have been eligible subsidies if their families would have been eligible for AFDC. for AFDC. ¾¾Children eligible for SSI continue to be eligible for Children eligible for SSI continue to be eligible for adoption assistance.adoption assistance.¾¾Foster and adoptive children are still eligible for Foster and adoptive children are still eligible for Medicaid.Medicaid.Adoption and Safe Families Act Adoption and Safe Families Act (ASFA)(ASFA)¾¾In 1997, President Clinton signed the Adoption In 1997, President Clinton signed the Adoption and Safe Families Act, emphasizing safety and and Safe Families Act, emphasizing safety and permanence for foster children.permanence for foster children.¾¾Changes and clarifies a wide range of policies Changes and clarifies a wide range of policies under the Adoption Assistance and Child under the Adoption Assistance and Child Welfare Act.Welfare Act.¾¾A reaction to the dramatic increase in the A reaction to the dramatic increase in the number of children in foster care from 1985 number of children in foster care from 1985 (270,000) to 1996 (502,000).(270,000) to 1996 (502,000).¾¾This new law was effective on November 19, This new law was effective on November 19, 1997.1997.The Goals of ASFAThe Goals of ASFA¾¾The goals of ASFA are to:The goals of ASFA are to:zzClarify the Clarify the ““reasonable effortsreasonable efforts””requirementrequirementzzExpedite and speed up the adoption process of Expedite and speed up the adoption process of placing children with permanent familiesplacing children with permanent familieszzPromote adoptionPromote adoptionzzProvides incentive payments to states that increase Provides incentive payments to states that increase the number of adoptions of foster childrenthe number of adoptions of foster childrenzzExpand health care coverage to eligible adopted Expand health care coverage to eligible adopted childrenchildrenzzAuthorize new funding for technical assistance to Authorize new funding for technical assistance to promote adoptionpromote adoptionEconomic Requirements of ASFAEconomic Requirements of ASFA¾¾Funding SourceFunding Source::The provisions of this law are partially The provisions of this law are partially funded ($40 Million) from an adjustment to the Federal funded ($40 Million) from an adjustment to the Federal


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U of U FCS 5400 - Adoption Policy

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