NCJ Number
152282
Journal
Family Law Quarterly Volume: 27 Issue: 3 Dated: (Fall 1993) Pages: 395-415
Date Published
1993
Length
21 pages
Annotation
This article identifies the failures of the foster care system, discusses the termination of parental rights, and proposes ways to improve the foster care system.
Abstract
The section on the failures of the foster care system focuses on the Federal Adoption Assistance and Child Welfare Act of 1980 and the guardian ad litem system. The Federal Adoption Assistance and Child Welfare Act of 1980 is designed to provide families with enough preplacement services to prevent the need for children to enter the foster care system, to provide proper care for children who are in the system, and to move children through the system and back home or into adoptive placements as quickly as possible. The author concludes that although States have submitted plans that mandate these goals and procedures, the State agencies have failed to effectuate full or substantial compliance. Part of the problem is in the fact that the only penalty for failure to comply with the Adoption Assistance and Child Welfare Act is the reduction or elimination of Federal financial assistance. In discussing the guardian ad litem system, the author concludes that guardians ad litem have failed to represent children adequately in the system. Overall, the article concludes that State foster care systems as currently operated can have a detrimental impact on children. To lessen this negative impact, States must recognize the rights of children in the foster care system. These rights can be based on a constitutional right to privacy and liberty as well as on statutory entitlements granted under the Adoption Assistance and Child Welfare Act. Additionally, changes must be made in the guardian ad litem system to allow children a more direct voice in abuse and neglect proceedings without having to wait for a State to bring an action for the child's benefit. 127 footnotes