ASFA是美国的什么法律简称?

ASFA是美国的什么法律简称?

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今天,是余生的第一天。

一个小建议,如果你可以翻墙的话,这种涉外的法律法规等关键词,可以直接Google搜索,一般都能找到正确答案。


再来回答你的提问,ASFA 即 Adoption and Safe Families Act的缩写,是美国的《手痒和安全家庭法》。


《收养和安全家庭法》是美国1997年通过的一项立法,在克林顿政府的鼓励下,这项立法对美国的寄养和收养制度进行了重大改革,以促进儿童健康和福利。许多任务被纳入《收养和安全家庭法》,目的是改善美国各地的儿童服务,不断增加领养的数量,并使儿童脱离寄养家庭。

对《收养和安全家庭法》的批评人士认为,这会使儿童更难与父母团聚这项立法的主要特点是从让儿童与父母团聚转变为作出促进儿童福利的决定,而不是把孩子寄养在家里希望改善家庭条件,孩子可以被释放领养。永久安置在领养家庭中对孩子的身心健康更有利。《收养和安全家庭法》解决了寄养系统负担过重的问题,使儿童在短期内处于寄养状态。一个被永久安置在收养家庭中的孩子可能比其他同龄人有更好的身心健康结果。《领养和安全家庭法》的批评者认为,该法助长了家庭的破坏,使儿童与父母团聚变得更加困难,因为人们把重点放在增加收养人数上。支持者认为,让儿童与家人团聚仍然是重中之重,但在这种情况下,这显然不是一种选择,孩子们不应该被寄养在寄养系统中,因为这对他们来说是不公平的。孩子们在寄养中待的时间越长,他们就越难找到永久的寄养地,而且像转学和不断换房子这样的不稳定因素会给他们带来很大的压力。


根据《领养和安全家庭法》,各州都有促进领养的奖励措施,还要求各州更密切地跟踪儿童,并监测将儿童安置在领养家庭的企图。在某些情况下,立法只是加强了个人的做法在其他国家,州政府必须彻底改造他们的儿童服务机构以遵守法律,虽然寄养时间减少了。特别是对于有风险的儿童,如残疾儿童,立法改善了永久安置的变化,为这些儿童提供了更多的机会。与其他立法法案一样,该法定期进行审查,以确定是否需要更新以反映社会的变化,法律和文化问题。


《收养和安全家庭法》鼓励各州促进收养。


为更全面的了解这一法案,我还在Legal Dictionary里边找到了这个法案词条的解释,详情如下供参考:


The Adoption and Safe Families Act (ASFA, Public Law 105-89) was signed into law by President Bill Clinton on November 19, 1997 after having been approved by the United States Congress earlier in the month.


Background and passage


ASFA was enacted in an attempt to correct problems that were inherent in the foster care system that deterred the adoption of children with special needs. Many of these problems had stemmed from an earlier bill, the Adoption Assistance and Child Welfare Act of 1980, although they had not been anticipated when that law was passed, as states decided to interpret that law as requiring biological families be kept together no matter what. The biggest change to the law was how ASFA amended Title IV-E of the Social Security Act regarding funding.


Moreover, ASFA marked a fundamental change to child welfare thinking, shifting the emphasis towards children's health and safety concerns and away from a policy of reuniting children with their birth parents without regard to prior abusiveness. As such, ASFA was considered the most sweeping change to the U.S. adoption and foster care system in some two decades. One of ASFA's lead sponsors, Republican Senator John H. Chafee of Rhode Island, said, "We will not continue the current system of always putting the needs and rights of the biological parents first. ... It's time we recognize that some families simply cannot and should not be kept together."


Ideas for the bill originated with both Democrats and Republicans. First Lady of the United States Hillary Clinton originally voiced interest in the issue of orphaned children in an article she wrote in 1995. She then held public events to give the issue exposure, and met with U.S. Department of Health and Human Services officials and private foundation executives over policy questions and recommendations. She cited the Act as the achievement which she initiated and shepherded that provided her with the greatest satisfaction. The bill began in Congress with bipartisan support, then became contentious over issues of terminating birth parents' rights to children and funding levels for programs to keep children out of foster care. Hillary Clinton played a key role in finding a compromise between Republicans and Democrats on the latter issue after negotiations first broke down.


In greeting the final measure, Bill Clinton stated that the bill "makes clear that children's health and safety are the paramount concerns."


Major provisions and tactics


The major provisions of the law include:


Requires that States move to terminate parental rights for children who have been in Foster Care for 15 out of the last 22 months

Exceptions to the 15/22 rule include:

When the child is in a Foster Home with a biological relative (Kinship Care)

When the Agency documents a compelling reason why parental termination is not in the Child's best interest

When the State has failed to provide services necessary for reunification

Requires that Permanency Hearings be held every 12 months

Clarifies cases in which States are not required to reunite Families (Aggravated Circumstances)

Expands family preservation and support services

Extends subsidies for adoptive children

Provides incentives for States to improve adoption rates

Requires States to document efforts to move children toward adoption

Expands health care coverage for adoptive children

Provides funding for efforts at encouraging adoption

Clarifies that interstate boundaries should not delay adoption.


Impact

The law required individual states to be in compliance with it in order to continue receiving federal funds for child welfare. Thus, each state had to pass legislation compatible with ASFA; in practice, those legislative actions varied widely. As a result, some states have relied upon the three exceptions in the law more as part of stressing reunification, while other states have stressed adoption.


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