Monday, September 22, 2003

HHS Awards Almost $15 Million in Adoption Bonuses

Last week HHS Secretary Tommy G. Thompson announced almost $15 million in adoption bonuses paid to 25 states and Puerto Rico for increasing the number of children adopted from state-supervised foster care in fiscal year 2002. In states that qualified for bonuses, 3,703 more children were adopted in fiscal year 2002 than in the previous year.



The highest award was Florida with an eye popping $3.5 million in bonuses. New Jersey got almost $2 million. Ohio, Pennsylvania, Tennessee and Wisconsin each got around $1.1 million. HHS reports that around 51,000 foster children are adopted each year. President Bush wants to extend the adoption bonus program in fiscal year 2004.



While adoption is a great idea for many foster children, a "permanency bonus" should be implemented to increase the total number of permanent placements through guardianship, kinship care and reunification. More on this, including a federally subsidized permanent placement for older foster children, in future blogs . . .



Monday, September 15, 2003

GAO Report on Title IV-B

Title IV-B of the Social Security Act is the primary source of federal funding for services to help families address problems that lead to child abuse and neglect and to prevent the unnecessary separation of children from their families. Title IV-B is divided into two parts. States can use subpart 1 funds on almost any child welfare activity.



Subpart 2 provides grants to states for similar types of child welfare services, such as family support services to enhance family stability and services to help parents reunify with a child in foster care, but is more restrictive in how the funds can be spent. In fiscal year 2003, appropriations were $292 million for subpart 1 and $405 million for subpart 2.



This GAO Report examines the following: (1) How do the services provided and populations served under subpart 1 compare with those under subpart 2? (2) What has the federal government’s role been in overseeing the use of Title IV-B subpart 1 funds? (3) What does the research say about the effectiveness of services unique to subpart 1?



The GAO found that little research is available on the effectiveness of unique services funded by subpart 1 at the state level because few states have evaluated these services.



The GAO discovered that in Fiscal Year 2002, states spent less than 3% of Title IV-B subpart 1 and 14% of subpart 2 funding on adoption services. Although one essential purpose of Title IV-B subpart 1 funding is adoption assistance, only 7 states out of 46 that responded used the funding for adoption subsidy payments which accounted for less than 2% of the funding. Additionally, though adoption promotion and support is one of four major purposes of subpart 2, just 16 states of 44 responding spent less than 3% of that funding on recruitment and training of foster and adoptive parents and 27 states spent 11% of it on adoption support and preservation. Finally the GAO found that 13 states spent 5% of subpart 1 funds on services for children waiting for adoption, adopted children and adoptive parents, while 31 states spent 16% of subpart 2 money on that group.



The GAO recommended that the Secretary of HHS (1) provide the necessary guidance to ensure that HHS regional offices are providing appropriate oversight of subpart 1, (2) consider the feasibility of collecting basic data on states’ use of these funds to facilitate its oversight of the program and to provide guidance to help states determine appropriate services to fund, and (3) use the information gained through enhanced oversight of subpart 1 to inform its design of the child welfare option that would allow states to use Title IV-E funds for the same range of services allowed under Title IV-B.



CHILD WELFARE: Enhanced Federal Oversight of Title IV-B Could Provide States Additional Information to Improve Services.



Hague Intercountry Adoption Regulations Released Today

The U.S. Department of State today issued long-awaited proposed regulations to implement legislation which was signed into law nearly three years ago to implement a global treaty that streamlines the international adoption process affecting tens of thousands of children adopted by U.S. citizens each year.



The 2000 law, known as the Intercountry Adoption Act, put in place a structure that should provide greater safety, accountability and transparency for adoptive families who seek to adopt children from other nations.



The proposed regulations are designed to implement those goals by ensuring that adoption service providers are properly accredited to provide intercountry adoption services and meet appropriate quality control standards; that families receive timely and meaningful disclosures about fees, procedures, and their children's medical well-being; and that those involved in the adoption process have official recourse when problems arise.



The comment period has been extended 30 days!



Comments must reach the Department of State on or before December 15, 2003. Commenters may send hard copy submissions or comments in electronic format. Commenters sending only hard copies must send an original and two copies referencing docket number State/AR-01/96 to:



U.S. Department of State

CA/OCS/PRI

Adoption Regulations Docket


Room SA-29

2201 C Street, NW

Washington, DC 20520



Hard copy comments may also be sent by overnight courier services to:



U.S. Department of State

CA/OCS/PRI

Adoption Regulations Docket

Room 2201


C Street, NW

Washington, DC 20520



Do not personally hand deliver comments to the Department of State.



Comments referencing the docket number State/AR-01/96 may be submitted electronically to adoptionregs@state.gov. Two hard copies of the comments submitted electronically must be mailed under separate cover as well. The electronic comments or the hard copy comments must be received by the date noted above in the date section of this proposed rule. Comments must be made in the text of the message or submitted as a Word file avoiding the use of any form of encryption or use of special characters. If you submit comments by hard copy rather than electronically, include a disk with the submission if possible. Hard copy submissions without an accompanying disk file, however, will be accepted.



FOR FURTHER INFORMATION CONTACT:



Edward Betancourt or Anna Mary Coburn at 202-647-2826 or Jessica Rosenbaum at 202-312-9717. Hearing- or speech-impaired persons may use the Telecommunications Devices for the Deaf (TDD) by contacting the Federal Information Relay Service at 1-800-877-8339.



Wednesday, September 10, 2003

Safe Haven Laws

The battle over safe haven laws is heating up! These laws are intended to allow parents to leave their newborns at designated safe places, including hospitals and police stations, while guaranteeing those parents anonymity and freedom from prosecution. Sounds good huh? Read on. There are some serious issues.



First there was the excellent report by The Evan B. Donaldson Adoption Institute - Unintended Consequences:

Safe Haven Laws are Causing Problems, Not Solving Them
- which was critical of safe haven laws. Then noted columnist (and adoptive parent) Al Hunt wrote a hard hitting commentary in the Wall Street Journal praising Hawaii Governor Linda Lingle for vetoing a well meaning but ultimately flawed safe haven bill.



Finally longtime adoption gadfly William Pierce struck back at both the Donaldson report and Hunt in a vitriolic ad hominem discourse on About.com. A well-reasoned response on About.com addresses the issue from a birth father perspective.



I agree with Hunt and Donaldson. Most safe haven laws are ultimately anti-adoption because they sacrifice best practices in the rush to make it easier for birth parents to legally abandon their children. Instead of properly placing a child for adoption, parents are allowed to dump their children without fear of criminal prosecution. What the advocates of safe haven laws fail to understand is that prosecution for child abandonment is not an adoption issue at all but a criminal justice issue which should be addressed exclusively in the criminal law.



I'll never forget when a well meaning but ill-advised safe haven advocate spent the afternoon with me several years ago at The Children's Law Center in Washington, DC. After she finished her expensive glossy presentation on the merits of proposed safe haven legislation for the District of Columbia, I spent the next hour explaining to her that she needed to be speaking to the U.S. Attorney's Office since the problem she was trying to solve was rooted not in the adoption code but in the criminal law.



There is no reason to abandon a proper adoption to spare someone a criminal conviction. Adoption is not just shuffling some papers and visiting a judge. It involves Constitutionally protected rights: the rights of birth fathers, birth mothers, relatives and even the child. I have no qualms about waiving the criminal law in order to facilitate a couple of adoptions. We should be very careful, however, when we create an incentive to bypass years of best practices (such as a full medical and social history, valid consents and Due Process) in our zeal to save babies.



Website of Interest

This is a nice site and great resource for tracking national child welfare legislation. This page, at least, is a fancy blog! I don't know Marcia but she is doing a great job. The only change I would make is to provide the legislation as a PDF instead of HTML. Check it out.

Best Interests: Legislation



Friday, September 5, 2003

When Children Take the Stand

There is undoubtedly an increase in the number of children involved in the judicial system either as victims (there are 500,000 children in foster care all of whom were in court last year), perpetrators (there were 1 million court involved delinquents and status offenders in 1999), and witnesses in divorce, domestic violence and other civil cases.



One of the best books on child witnesses remains Anne Graffam Walker's Handbook On Questioning Children: A Linguistic perspective. Another good publication is Evidence in Child Abuse and Neglect Cases by John E.B. Myers.



Both of these books should be mandatory reading for anyone who questions children in court or in a forensic context. The biggest problem with children in the legal system remains the attorneys who are for the most part ill prepared and untrained in dealing with the range of issues of child witnesses.



National Law Journal -- When children take the stand



Wednesday, September 3, 2003

The Boston Globe - TPR Series

I found this article moving and profound. The reporter clearly did an excellent job of presenting the nuances of terminating the parental rights of so-called chronically neglectful parents.



Barbara's story is, sadly, typical of the families who are all too frequently involved in the child welfare system: often impoverished, with mental disabilities, inadequate parenting skills (or is that inadequate middle class parenting skills?), unstable employment, no family support and poor decisionmaking skills. She was clearly not abusive; even the social workers acknowledged that. Were her children neglected or just poor?



The chronicle of inadequate social and legal work in this case is a damning example of how state involvement in these types of cases does little to promote child "health and safety" (ASFA-speak for baseline standards): the court authorized removal without notifying the parent (what was the emergency basis for this action?); the social worker placed the boys into two different homes; no visitation occurred with Barbara for six weeks; the social workers had between 18 and 24 family cases; the children were placed in a different school district; Barbara was given improper mental health treatment. (Why the boys had to be removed at all during state involvement is unclear.)



State involvement clearly did not help Barbara overcome her problems. Pressure to change, in fact, may have made them worse. What's also clear to me is that Barbara's children could not realistically live with their mother in a tent in the woods and make ends meet by shoplifting. In many ways the neglect case led to a self-fulfilling result: a neglectful parent who loved her children but just couldn't get it together in the way the state demanded.



The article wrongly attributes the following as the primary motivation for ASFA: "The theory is that the best way to break the cycle of poverty and fractured families is to move children, and swiftly, out of troubled homes." Although it is a good thesis for the article and may be an unfortunate effect of ASFA, social engineering was not the moving force behind ASFA. The prevention of foster care drift was the biggest factor which led to ASFA.



The use of permanency mediation is also highlighted (a process which I support). Clearly, however, the outcome - adoption with limited visitation - seems inadequate and unfair. After all, Barbara is a parent of two adolescent boys who was never abusive or in any way a danger to her children. Still, children need permanency and the outcome in this case seems fair, although far from ideal.



This is also a realistic story about the difficulties adoptive parents face navigating a state adoption process which rarely returns telephone calls or even says "thank you."



Overall this is an excellent saga - well worth the 40 minutes spent reading it. The story also reminds me of one of my favorite sayings from Judge Zinora Mitchell-Rankin, former presiding judge of the Family Division of the Superior Court of the District of Columbia: "A termination of parental rights only changes the legal relationship between parent and child, not the biological relationship." This is especially true in this story.



A mother, her sons, and a choice



Read the comments too!



Tuesday, September 2, 2003

Sperm Donor Introductions for Lesbian Couples and Single Women

Okay - close on the heels of Snowflake adoptions we have e-sperm "adoptions." This gives spam a whole new meaning. Be careful ladies when opening any unknown e-mails or you could get more than a virus or worm! Trojan horse comes to mind . . .

Seriously now I'm not sure how I feel about this new business model in assisted reproduction. If, as they say, every sperm is sacred - or at least half as sacred as a frozen embryo - then new legal models will have to develop to address e-sperm babies. Or will they? Given the radical nature of internet dating, file sharing and now blogging I forsee a time when you can do "peer-to-peer" sperm donation. Just log into Spermster and hook up with a willing donor in a chat room in cyber space.

Can this be regulated? Should it? Is this even adoption related? Are snowflake adoptions? More questions than answers.

Sperm Donor Introductions for Lesbian Couples and single women - Man Not Included - Private-Professional

Adopted Children and Stepchildren: 2002 Census Special Report

Check out this Census report on the number of adopted children and stepchildren. The numbers are surprising. Adopted Children and Stepchildren: 2000 - Census 2000 Special Report

Monday, September 1, 2003

Welcome to the World of Blogging!

Welcome to the world's first adoption and child welfare law blog! A blog is a simple way to publish on the internet. Think of it as an online newspaper filled with rich content such as discussion threads, documents and links to other websites. You can even comment on my commentary (coming soon)! It is an exciting new format which is sweeping the internet. This site is still in a somewhat beta format so excuse any gliches. Any comments - just e-mail me at JamesMarsh@MarshLaw.net.