Foster to adopt: pipeline to failure and the need for concurrent planning reform
Participants endorsed natural family preser-
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FOSTER TO ADOPT PIPELINE TO FAILURE AND THE NEED FOR CONCURRENT PLANNING REFORM
Participants endorsed natural family preser- vation or “approximation of family life” if the former could not be achieved. 9 As a result, states developed “mothers’ pensions” that ena- bled single mothers to stay home with their children and not work. 10 However, the subsidies came with conditions such as going to church, taking cooking classes, and not using tobacco. 11 Children who could not stay with their family of origin were placed in either a surrogate family home or a cottage-like group home that was designed to be more home- like than the former institutionalized orphanages. 12 Juvenile courts took over responsibility of child welfare at the same time the country was dealing with the Depression. 13 During the New Deal era, the federal government began funding child welfare services with the Social Security Act of 1935. 14 With this additional funding, states were able to establish child welfare agencies and develop programs such as foster care reimbursements. 15 Child wel- fare was essentially general welfare in the form of subsidies to families who were low-income or fostered children and remained that way until the passage of the Adoption Assistance and Child Welfare Act of 1980. 16 5. Marsha Garrison, Why Terminate Parental Rights?, 35 S TAN . L. R EV . 423, 439 (1983). 6. Id. at 435-36. Organizations often attributed poverty as a result of “moral defects.” See also DeLeith Duke Gossett, The Client: How States Are Profiting from the Child’s Right to Protection, 48 U. M EM . L. R EV . 754, 766 (2018). 7. Libby Adler, The Meanings of Permanence: A Critical Analysis of the Adoption and Safe Families Act of 1997, 38 H ARV . J. L EGIS . 1, 14 (2001). 8. Id. 9. Id. 10. Id. 11. Id. at 15. 12. Id. at 16. 13. Gossett, supra note 6, at 769. 14. Id. at 769-70. 15. See id. at 770, 786. 16. Id. at 769, 775. See also Deborah Sanders, Toward Creating a Policy of Permanence for America’s Disposable Children: The Evolution of Federal Foster Care Funding Statutes from 1961 to Present, 29 J. L EGIS . 51, 58 (2003) (noting the federal government’s emphasis 2020] F OSTER TO A DOPT 155 In 1962, Dr. C. Henry Kempe published an article, The Battered- Child Syndrome, in the Journal of the American Medical Association, drawing national attention to the fact that actual physical child abuse was sometimes covered up as “accidents.” 17 As a result of Dr. Kempe’s work, along with cases of extreme physical child abuse, Congress over- whelmingly passed the Child Abuse Prevention and Treatment Act (“CAPTA”). 18 CAPTA pushed states to mandate professionals (such as physicians and teachers) to report, investigate, and treat child abuse, as a condition for receiving federal funding. 19 As a result, child abuse re- ports and removals exploded. 20 Child abuse reports went from 10,000 in 1967 to 670,000 in 1976. 21 At this point, child welfare was still a system of mere financial assistance, with no exit plan such as reunifica- tion services. 22 By 1977, there were over half a million children lan- guishing in the foster care system (often referred to as “foster care drift”) as a result of mandated reporting and no real strategy to move children out of foster care. 23 Download 435.5 Kb. Do'stlaringiz bilan baham: |
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