How does the Adoption and Safe Families Act of 1997 affect placement?
The Adoption and Safe Families Act of 1997 (ASFA), 42 U.S.C. 673b, 678, 679b (2000), was enacted to facilitate the permanent placement and safety of children in foster care. Every state has enacted ASFA into its childrens codes as a condition of receiving federal foster care funds. While at least two state supreme courts have now ruled that ASFA does not override the ICWA and that the states must comply with both ASFA and the ICWA, ASFA adds a layer of complexity to placement of an Indian child under the ICWA. In re J.S.B., Jr., 2005 SD 3, 691 N.W.2d 611; In re Nicole B., 927 A.2d 1194 (Md. Ct. Spec. App. 2007). ASFA may affect the placement of an Indian child in one of three ways. First, ASFA moves children in foster care toward permanency placement on a faster schedule than previously existed. ASFA requires that a state court conduct a permanency hearing for a child within twelve months after the child enters foster care. ASFA also requires that the state conduct concurrent permanenc
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