07 Dec Did the Adoption and Safe Families Act (ASFA) signed by Pres. Clinton speed up TPRs (termed rights)?
It did and it was designed to do that (TPR = termination of parental rights).
I am reminded what California Judge Hector Ramon said to me before he retired. One of his biggest concerns was that juveniles were brought into (essentially criminal) court and given adult sentences without adult protections (jury trial rights). The ASFA did essentially the same thing. It brought parents into court and gave them terrible sentences, the loss of a child or TPR, without Due Process protections of jury trial rights. In addition, California is the only state to still use a low standard of evidence to TPR a parent, the “Best interest of the Child” disguised as “fair” preponderance of the evidence.
ASFA failed because the #Do-Gooders didn’t have the goods to back up this Act. “The act’s [ASFA) financial incentives have disrupted families permanently by the speedy termination of parental rights, without the accompanying move from foster care to adoptive homes,” said Texas Tech University law professor DeLeith Gossett, in a report published in 2018 by the Memphis Law Review. “The programs that the Adoption and Safe Families Act govern, thwart its very purpose, as children continue to languish in foster care waiting for permanent adoptive homes, often until they age out of the system into negative life outcomes.” She also stated that “ASFA was blamed for leaving a lot of children as orphans and that certainly wasn’t the intention of ASFA.”
Well she is from Texas. California additionally failed to grant parents in California jury trial rights like parents in Texas enjoy, to counteract ASFA’s affects on their families and #PreventUGI. Too many children in California wrongly had their parents’ rights to them terminated because of ASFA and their lives destroyed as a direct result of ASFA.
Also, far too many of these adoptive “parents” placed their adopted children back up for “second chance adoptions” or privately sold them to someone else. This is even after they were being paid a continuous monthly amount to care for their “adopted” children.
ASFA amended Title IV-E of the federal Social Security Act to have the federal government reimburse the State of California for complying with ASFA. AFSA’s shortcomings led to the passage of the Family First Prevention Services Act but California hasn’t fully adopted it, three years later with similar federal reimbursements.
Its always about the money for most self-serving #Do-Gooders.
Who help passed ASFA? First Lady, or FLOTUS, Hillary Clinton, who was previously a lawyer in a private law firm. She met with the Association of Family and Conciliation Court, the AFCC net of colluding judges, attorneys, minor counsel, social workers, psychologist, etc.. Everyone who would ultimately get most of the ASFA funding. She was pivotal for getting ASFA passed through Congress and served as the honorary chairperson of the AFCC Second World Congress less than four years later. Thankfully, it appears as if Chelsea Clinton has stopped supporting the AFCC. #NoAFCC.