The Adoptions and Safe Families Act (ASFA)

This ACL provides information regarding implementation of the federal ASFA regulations and the new Title IV-E Foster Care Eligibility Review Checklist.

There are several new federal ASFA requirements related to court order and voluntary placement agreements, which must be verified by the eligibility worker in order for AFDC-FC eligibility to exist. Court order requirements that must be verified by appropriate county staff include:

• "Continuance in the home is contrary to the welfare of the minor" or a finding to that effect. For federal AFDC-FC eligibility, this finding must be made in the first court order that removes the child from his/her home. For state AFDC-FC eligibility, a court must make the same "contrary to the welfare" finding as is the case for federal AFDC-FC, but the order need not be in the first order removing the child from his/her home.

• Placement and care is vested either with the county welfare department or a finding to that effect. Neither state nor federal AFDC-FC eligibility may be established prior to a court making this finding.

• "Reasonable efforts to prevent or eliminate the need for removal" have been made by the county or were not required. For federal FC eligibility, this finding must be made within 60 days from the date the child is removed from the home. For state AFDC-FC, this finding must be made before state FC will be approved, but need not be made within 60 days from the date of removal.