Child Maltreatment and the Law by Roger J.R. Levesque

Author:Roger J.R. Levesque
Language: eng
Format: epub
Publisher: Springer New York, New York, NY

Federal Statutes

The termination of parental rights may be governed directly by state statutes, but those statutes continue to be guided by federal mandates. On the federal level and as noted earlier, the primary law is the Adoption and Safe Families Act of 1997 (ASFA). We already have reviewed previously ASFA's basic components. We noted, for example, that the federal mandates require state agencies to seek termination of the parent—child relationship under a series of specific circumstances that include the parents' behaviors, the child's placement, and the state's resources. The federal mandates also decreased the time all parties have to remedy situations that led to children's removal in the first instance. In addition to those tightly delineated re quirements, ASFA provides further guidance to states even when circumstances do not fall within the already delineated circumstances. Most notably, the federal man dates reveal a shift to efforts that make the child's health and safety “paramount.” The law places priority on a child's health and safety and on a child's need to have a secure, permanent home as soon as possible. Permanency planning, especially concurrent planning, can influence state's efforts in seeking to terminate parental rights. Together, these mandates encourage states to shift their child welfare pro grams toward similar priorities and directions.

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