Adoption and Safe Families Act (ASFA)

In 1997, Congress made major changes to the federal child abuse and neglect law. These changes became the Adoption and Safe Families Act (ASFA). The main goal of ASFA is to assure the health and safety of children and to promote permanent homes for children. ASFA requires parents to keep their children safe and to meet their children's needs. Children need:

• The love and support of a safe and permanent family
• Freedom from abuse and neglect
• Food, clothing and shelter
• Medical care by a doctor and a dentist
• An opportunity for an education

A child's safety comes first

If parents cannot provide safe care for a child, the Department of Family Services (DFS) and the courts may become involved. A child who is not safe with a parent may be removed from his or her home temporarily. A child removed from home may be placed in Child Haven or with relatives or foster parents.

During this time, the agency works with parents to make changes to care for their children safely and meet the needs of their children. Parents learn how to discipline through teaching, not harming their children. They may also obtain treatment for alcohol and drug abuse and other difficulties that interfere with their ability to care for their children. The law only allows a limited time for parents to make changes so a child can be returned safely to a parent.

If a child is removed from home, he or she needs regular contact with his or her parents. This contact can include visits, phone calls, cards, and letters. Positive visits are essential to develop and maintain a healthy relationship between a parent and child. It is important that parents and DFS workers come up with a plan for visits.

Alternate plans

An alternate plan is made in case a child cannot be safely returned to a parent. Families, relatives, foster parents, or others in the community help build the plan when possible. The alternate plan may be adoption, permanent placement with a relative, guardianship, permanent foster care, or emancipation for an older child. If an alternate plan becomes the goal for a child, the court must approve that plan.

A child needs a safe and permanent home

Foster care is intended to be temporary. Parents must act quickly to make positive changes in their lives. DFS workers will help parents make changes, and parents can also get help from relatives, church, community agencies, foster parents, and neighbors.

The court plays a key role in overseeing that efforts have been made to prevent a child's removal from home and to return a child to his or her family. The court reviews each child and family at least once every six months. The court is also responsible for holding permanency hearings addressing each child's need for a permanent home.

Sometimes a child spends a long time in foster care, yet the parents still aren't able to make the changes needed for the child to be safe with them. If a child cannot be safely placed with a parent, the court will have a permanency hearing. This hearing will be held no later than 12 months after a child is removed from home.

At this hearing, if a child cannot be safely placed with a parent, the alternate plan may be put into place quickly. It may include a plan to terminate parental rights and place the child for adoption, with a legal guardian or relative, or some other safe, permanent living arrangement.

In most cases, Nevada law requires that if a child is in foster care for 14 of any 20 months, parental rights must be terminated. There are only a few exceptions to this requirement.