When the Clinton administration passed the Adoption and Safe Families Act (ASFA) in 1997, it intended to drastically reduce the number of children stuck for long periods of time in foster care. One of the safeguards it put in place was a timeline: If a child was in the foster care system for 15 of 22 consecutive months, states would be required to file for termination of parental rights — with an exception made if the child welfare agency provides a "compelling reason" as to why the parent should retain their rights, though a judge would have the power to overturn that appeal.
Courts can terminate parental rights when child welfare agencies present evidence that a parent is not able to care for their child, including because of neglect, abuse, maltreatment and crimes against children. But there are a much broader range of reasons a child ends up in foster care, and critics have long urged lawmakers to re-examine how this timeline places more stress on both parents and children, and in some cases prematurely separates children from their families.
Roughly 1 in 100 children in the U.S. have their parents' rights terminated by age 18, according to an expanded 2019 analysis by Cornell and Rutgers Universities, and Black, brown and Indigenous families, as well as low-income families, disproportionately lose these rights.
"[ASFA] wasn't designed to protect those families. It was designed to be harmful to those families," said Joyce McMillan, a longtime advocate who wants the law repealed. "Look at those kids whose [parents'] rights are terminated. The system doesn't fight for children. The system does not parent," she added, referring to the higher likelihood of negative life outcomes for foster children.
A new House bill introduced in November aims to build in better protections for different marginalized groups in the system, as well as give more time for parents to get their kids back in their care. While some advocates want to remove the timeline altogether, the bill seeks to expand it to at least relieve some of that pressure, they said.