ASFA EXCELLENCE

Please Note: There have been several changes in NYS permanency statutes since 2002.
See LINK Family Legal Framework Resources for a list of articles by Atty. Burt reflecting current law and regulation and
the NYS OCFS website for information on recent permanency legislation.

• "Front door" issues can delay permanency. Is there a triple check system for correct court orders, father identification. relative search, missing parent protocol, sibling placement policy, MEPA (Multiethnic Placement Act) and ICWA procedures?
  
• Good quality placements can mean less movement in foster care for children. If this child is freed for adoption, is this where he should be right now?
  
• There should be a smooth process for deciding which matters are appropriate for "no reasonable efforts", for fast track terminations and for concurrent planning. Does everyone know how to efficiently proceed with cases where return home is unlikely?
  
• Quality permanency hearings are a key. Are court procedures supporting quality decision making?
  
• Timely decisions on termination are the corner stone to ASFA compliance. Are procedures for making the decision and then implementing it structured into the system with enough lead time for everyone to do what is necessary?
  
• Sometimes terminations may not be the right answer for a child. Does everyone understand when compelling reasons are appropriate?
  
• ASFA orphans are not our goal. How is adoptability factored into the decision?
  
• Surrenders and voluntary relinquishments are on the rise. Are policies and procedures clear to everyone?
  
• Appellate caseloads have increased. Is everything being done to move appeals quickly?
  
• More children are being freed for adoption. Are adoption finalizations handled efficiently?

   

  Margaret A. Burt
  ATTORNEY AT LAW
  63 CALLINGHAM ROAD PITTSFORD, NEW YORK 14534
  TEL: (585) 385-4252 FAX: (585) 385-7717

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6/2/02