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Brooklyn Law School

2023

Adoption and Safe Families Act; federal law; parents' rights; adoption; trauma; permanent family separation; child protective proceeding; termiantion of parental rights; parent-child relationship; the civil death penalty; cash payments; anti-poverty

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When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles May 2023

When Permanency Is Permanent Separation: In The Family Regulation System, A Temporary Removal Fast Tracks Terminating Parents' Rights, Alison Peebles

Journal of Law and Policy

The Adoption and Safe Families Act (“ASFA”) is a federal law that creates a mandate for states to move to terminate parents’ rights if a child has been in foster care for fifteen out of the twenty-two most recent months. The federal government then pays states for each adoption over a set threshold amount, which has resulted in terminating over two million children’s parents’ rights and disbursing over four hundred million dollars to states. Black families, Indigenous families, and families of color as well as low-income families disproportionately experience the trauma and harm of permanent family separation. This Note argues …