In the Matter of ASFA:
Examining the First Five Years of the Adoption and Safe Families Act

The Pros and Cons of ASFA’s Timelines
Families with Substance Use Disorders

Nancy K. Young, M.S.W., Ph.D.
4940 Irvine Boulevard, Suite 202
Irvine, CA 92620
714.505.3525
Fax 714.505.3626
www.ncsacw.samhsa.gov

Presented at:
The National Center for Adoption
Law & Social Policy
Columbus, Ohio
October 21, 2003

Developing Knowledge and
Providing Technical Assistance to
Improve Outcomes for Families affected by Substance Use Disorders in
Child Welfare Services or Dependency Courts

Dual Role as Adoptive Parent

• 11% of Children – 8.3 Million Live With a Parent Who Is Alcoholic or Needs Treatment for Illicit Drug Use
• 9% of Children Live With a Parent Who Meets DSM Criteria of Substance Abuse or Dependence

The Five Clocks

• TANF—Temporary Assistance for Needy Families
  • 24 Months work activity; 60 Month Lifetime Limit
  • Majority of States Lifetime Ban for Drug Felons
• ASFA—Adoption and Safe Families Act
  • Permanent Plan 12 Months
  • 15 out of 22 Provision
  • Criteria for no Reunification Services – Some States include “Failed Drug Treatment”
• Recovery
  • One Day at a Time for the Rest of Your Life
• Child Development
• Critical in Prenatal and Early Years

ASFA is a good thing

• If You Are a Family Who Is Lucky Enough to Live in a Few Select Jurisdictions Around the Country
• Jurisdictions that have defined reasonable efforts regarding substance use in new ways
  • With a new sense of urgency

Imagine…

• Going to your initial court hearing and
  • Your attorney tells you to go get a substance abuse assessment and do whatever the counselor says
  • You meet a social worker who using motivational enhancement skills as she schedules your appointment
  • You walk across the street to get the assessment done the SAME day
  • You can make a plan with a substance abuse counselor that attends to your own crisis and can get you through the day, the week and coming months without your kids

But, too often…

• The message from your attorney is don’t tell them anything about your substance use till the court says you have to
• The social worker says, “Call me Tuesday” for a list of phone numbers
• The treatment provider says, “Come see me in 3 weeks, but if you don’t call everyday to keep your place on the waitlist you will lose your turn.”
• It takes over 2 months till you have an agreed upon treatment plan with your social worker

Intent of ASFA said Health and Safety are Paramount

• Fast Track Provisions to not provide Family Reunification Services & move to TPR
• 15/22 Provision
• Made Provisions to Require Timely Permanency
  • 2003 GAO Study found that fast track and 15/22 provisions were not being used largely due to issues of access to substance abuse services
  • Child welfare officials said that the lack of substance abuse services that meet the needs of parents makes it difficult to have stable parents in 15 months

Child and Family Service Reviews – Summary of Substance Abuse Issues

• Identified as an important gap in services
• Reported as an underlying problem that is not addressed in sufficient depth by the services provided to families such as parenting classes and family counseling.
• Several states noted the lack of treatment services for adolescents in child welfare families
• Services for children with fetal alcohol syndrome and alcohol related spectrum disorders were identified as gaps
• Rural treatment needs were seen as a special concern and related issues of transportation to treatment resources
• Repeat cases were described as involving substance abusing families

ASFA said Child Health and Safety are Paramount

• Substance Abuse Services must be Primary and Timely
• Requires a Partnership and a Team Approach

Meeting the intent of ASFA

• Is not, Call me Tuesday
• Is ensuring parents have immediate availability of a treatment response
• Teaming with substance abuse professionals to provide recovery management
• Ensuring there is appropriate care and services for children of substance abusing parents

Partnerships for Family Safety and Recovery

• Child Welfare Cannot Do it Alone
• Reasonable Efforts Must be Re-Defined
• New Understanding of the Extent of Trauma, Abuse and Neglect in the lives of Substance Abusing Parents must Revamp Practice Models
• Implementing Principles of Effective Drug Treatment including appropriate intervention for lapse and relapse

Principles of Effective Drug Treatment (www.nida.nih.gov)

The Fifth Clock

• The Clock that is Running on Us
  • How long do we get to respond to the ASFA clock regarding families affected by substance use disorders?

Putting the Pieces Together
1st Nationial Conference on
Substance Abuse, Child Welfare and the Dependency Court

Save the date
July 14-15, 2004
Baltimore Marriot Inner Harbor