Foster to adopt: pipeline to failure and the need for concurrent planning reform
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FOSTER TO ADOPT PIPELINE TO FAILURE AND THE NEED FOR CONCURRENT PLANNING REFORM
98. See S ANTA C LARA C OUNTY D EP ’ T OF F AM . & C HILD . S ERVS ., supra note 96. 99. Id. 100. See id. 101. 49% of women surveyed preferred to adopt a child under the age of two and 22% preferred to adopt a child between the ages of two and five. Jones, supra note 1, at 40. 102. See A DVOKIDS , supra note 87. 103. Id. 104. Id. 105. R EED & K ARPILOW , supra note 4, at 20 (showing that the Selection and Implemen- tation Hearing occurs before either legal guardianship is established or parental rights are ter- minated). 106. See id. at 17-18. 107. John Kelly, A Look Back at 2018: The Year in Youth Services, C HRON . S OC . C HANGE (Dec. 30, 2018), https://chronicleofsocialchange.org/child-welfare-2/a-look-back-at-2018- the-year-in-youth-services/33304. 164 SANTA CLARA LAW REVIEW [Vol:60 parents conflict with those of parents—both of whom want permanent custody of the child. This is not a problem that can be glossed over. Furthermore, the number of foster homes is dwindling and the num- ber of foster children is increasing. Lower reunification rates increase the need for foster homes. Pushing foster parents to adopt exacerbates the decline. Adoption from foster care also comes at a cost. The societal cost is both financial and emotional. Before a child can be adopted from foster care, they must first be removed from their family and placed in costly foster care. After “reasonable efforts” at reunification fail, parental rights have to be terminated before the child can be adopted. Adoption severs the connection with parents causing psychological and emotional difficulties. Concurrent planning negatively affects reunification rates, which also negatively affects foster children, and increases the need for more foster homes. IV. A NALYSIS A. Ripe for Sabotage The issues of conflict of interest raised in Part II-D remain—the interest to adopt conflicts with the interest to reunify—even with the passing of Family First. 108 One issue often glossed over and never fully addressed is the problem of hopeful adoptive foster parents sabotaging reunification. A 2004 study found that a majority of foster parents be- came concurrent foster parents in order to increase their chances of adop- tion. 109 “People adopt children for exactly the same reasons they choose to have children biologically - they want a family; they want a child; they want a way to express and give love. They want this child so badly that the words echo in their brain: ‘I want a child.’ ” 110 With the two goals of adoption and reunification at direct odds with each other, it is no sur- prise that foster parents often sabotage reunification to increase their chances of adoption. In one case, a foster mother told the foster children that their mother was “bad, that she was a drug addict, that she didn’t want them back.” 111 The disparagements had a negative effect on the mother: causing her to dread visits, start showing up late or sometimes 108. See supra Part II.D. 109. Rycraft & Benavides, supra note 2. 110. Thomas Simmons, Twisted Interests: People in the Interest of S.A.H. and the State Download 435.5 Kb. Do'stlaringiz bilan baham: |
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