Document Type

Book Chapter

Publication Date

2010

Abstract

This chapter is intended to identify options for legal permanency that state law and the federal Adoption and Safe Families Act of 1997 (ASFA) commonly recognize to better serve children in foster care. Ideally, the child will ultimately return safely to his or her home of origin. But when a return home is not possible, the child welfare legal process should result in a safe and legally secure alternative permanent placement for the child. The emphasis on legally secure permanent placement is meant to provide the child with psychological stability and a sense of belonging and to limit the likelihood of future disruption of the parent-child relationship. All state laws authorize adoption of children, but traditional adoption does not meet the needs of all children in public foster care. Attorneys representing children, parents, or the government agency may seek other legal options for permanent and legally secure placement. Some authorities recommend that these options be broad enough to serve the needs of all children in care who are not able to return to their home of origin; options could include adoption, adoption with contact, permanent guardianship, subsidized guardianship, stand-by guardianship, and "another planned permanent living arrangement" (APPLA) such as permanent long-term foster care.

Comments

Reproduced with permission. Copyright 2010 National Association of Counsel for Children, all rights reserved. Originally published as Duquette, Donald N. "Establishing Legal Permanence for the Child." In Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect, and Dependency Cases, edited by Donald N. Duquette and Anne M. Haralambie, 525-542. 2nd ed. Denver, CO: Bradford Publishing, 2010.

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