How does Adoption and Safe Families Act change the ICWA active efforts requirement?
The Adoption and Safe Families Act of 1997 (ASFA), 42 U.S.C. 673b, 678, 679b (2000), does not change the ICWA active efforts requirement. The ASFA recognizes certain circumstances under which no reasonable efforts are necessary such as where a court has found that a parent has subjected the child to aggravated circumstances of abuse or neglect. Thus, it purportedly relieves the showing of reasonable efforts under state law, but it does not alter ICWA’s active efforts requirement. See In re J.S.B., Jr., 2005 SD 3, 691 N.W.2d 611. For a discussion on the interaction between ASFA and ICWA, see DAVID SIMMONS & JACK TROPE, P.L. 105-89 ADOPTION AND SAFE FAMILIES ACT OF 1997, ISSUES FOR TRIBES AND STATES SERVING INDIAN CHILDREN (1999). See also FAQs 19.8, 19.9, 19.10 Application of Other Federal Laws; and FAQ 16.17, Placement.
Related Questions
- Don the reunification efforts proposed in the Families for Orphans Act set up "time limits" which may cause original families to be unnecessarily separated from their children?
- How does Adoption and Safe Families Act change the ICWA active efforts requirement?
- How does the Adoption and Safe Families Act of 1997 affect placement?
