NCJ Number
189991
Journal
Criminal Justice Review Volume: 25 Issue: 1 Dated: Spring 2000 Pages: 77-92
Editor(s)
Richard J. Terrill
Date Published
2000
Length
16 pages
Annotation
This article described child abuse and child neglect policy in the United States since 1974 with emphasis on examining the shift in policy from family preservation to speedy parental rights termination. It described key Federal legislation since 1974, the underlying assumptions behind the legislation, and the problems that emerged as a result of legislation.
Abstract
A central theme of child abuse and child neglect policy reflected in legislation during the past 3 decades was the concept of “permanency planning” for children who had been abused and neglected and placed in foster care. This article analyzed how shifting and contradictory policies concerning how best to achieve “permanency planning” for abuse and neglected children had characterized Federal legislation. Two key Federal acts were examined: the Adoption Assistance and Child Welfare Act of 1980 (AACWA) and the Adoption and Safe Families Act of 1997 (ASFA). The AACWA was passed in response to the problem of foster care drift. The AACWA was enacted to prevent unnecessary foster care placements, reunify the families, and limit the time spent in foster care. However, even though efforts reflected a policy of family preservation, the statute did not define “reasonable efforts”, efforts to prevent or eliminate the need for removal of the child from his/her home. The ASFA was enacted to correct the perceived deficiencies of AACWA. It was intended to reflect a shift in child welfare policy, placing the “child’s health and safety” to a priority concern. ASFA clearly specified a mandate to terminate parental rights for children who were in foster care for 15-months, but it also granted three exceptions to this mandate of parental rights termination. Critics argued that termination of parental rights would not solve the problem of children in foster care but could be psychologically harmful. Also, termination of parental rights did not necessarily lead to adoption of children in foster care. The article evaluated the shortcomings of a psychological model of child abuse and child neglect that placed emphasis on the rehabilitation of “guilty parents” rather than on environmental causes. The legislation did not address the social class characteristics of parents who had abused and neglected their children. By understanding the parents, placing them in a social context, helps in understanding the social problem of child abuse and child neglect. In summary, interventions that increase the social supports that high-risk families need rather than simply focusing on psychological problems of the parents are important from an environmental perspective. There is a need to understand the complex problems associated with violence against children by their parents to create a safe world for them. References