Protecting Children of Color: A Case for Changing MEPAIEP - PowerPoint PPT Presentation

1 / 52
About This Presentation
Title:

Protecting Children of Color: A Case for Changing MEPAIEP

Description:

Placement of American Indian and Black children with White families ... long-term implications for families who become multi-cultural through intercountry adoption ... – PowerPoint PPT presentation

Number of Views:79
Avg rating:3.0/5.0
Slides: 53
Provided by: Rut18
Category:

less

Transcript and Presenter's Notes

Title: Protecting Children of Color: A Case for Changing MEPAIEP


1
Protecting Children of Color A Case for Changing
MEPA/IEP
  • Joe Kroll, NACAC Executive Director
  • Ruth G. McRoy, NACAC Board Member

2
Overview of Presentation
  • Background and history of transracial adoption
    controversy
  • Race and Ethics in adoption
  • MEPA/IEP vs Hague Regulations
  • Strategies for Changing MEPA

3
For Consideration
  • Why was MEPA implemented?
  • Who has benefited from MEPA/IEPA?
  • Why are policies different for different groups
    of children?
  • Is MEPA/IEPA in the best interest of children?

4
TRANSRACIAL ADOPTIONS
  • Transracial Adoptions one of the most
    controversial issues in adoptions practice
  • In 1948, first recorded TRA -in MN
  • Still rare before the 60s---prohibited in some
    states
  • (Haugarrd, Dorman and Schustack, 1997)
  • Criticized in the 70s, numbers plunged

5
Factors Influencing Transracial Adoptions
  • Declining number of White infants available for
    adoption
  • Changes in ideal adoptable child
  • Policy changes in Matching Philosophy
  • NABSW Position Statement

6
Shortage of White infants
  • Decline in number of women choosing adoption
  • Availability of abortion and birth control
  • Increased social acceptability of unwed parenthood

7
Children Born to Unmarried Mothers
  • Mid 60s37 relinquished
  • Late 80s3 relinquished
  • Now2

8
Agency Responses
  • Closing intake on new applicants
  • Waiting period before home study
  • Change adoption criteria
  • Open to relinquishment of Black infants
  • Increase in transcultural adoptions
  • Placement of American Indian and Black children
    with White families
  • Formation of minority specializing agencies

9
NABSW Position Statement (1972)
  • The National Association of Black Social Workers
    has taken a vehement stand against the placement
    of Black children in White homes for any reason.
    We affirm the inviolable position of Black
    children in Black families where they belong
    physically, psychologically and culturally in
    order that they receive the total sense of
    themselves and develop a sound projection of
    their future.

10
Indian Opposition to Transracial Adoptions
  • Between 1969-1974 80 of American Indian
    adoptions were transracial placements.
  • Indian Child Welfare Act 1978

11
ICWA
  • Established Federal standards for removal of
    Indian children from American Indian families,
    including provisions to ensure the placement of
    such children in foster or adoptive homes that
    would reflect the unique values of the culture.

12
ICWA
  • Preference for placement
  • 1) Member of childs extended family
  • 2) Other members of the Indian childs tribe
  • 3) Other Indian families or institution approved
    by Indian tribe

13
Led to greater opposition to transracial
placement of Black children
14
Factors Influencing Transracial Adoptions(1974 -
Present)
  • Continued decline in number of White infants
    available for adoption
  • Large supply of Anglo families seeking to adopt,
    especially infants
  • 2.4 million couples with infertility problems
  • 2 million White couples seeking to adopt

15
1989Reese Williams dies in same race adoptive
home
  • Senator Metzenbaum first discusses legislation
    that would prohibit placements based on race
    matching.

16
NACAC Barriers Study (1991)
  • Obstacles to adoption by African American
    families
  • Agency fees
  • Inflexible standards
  • Institutional/systemic racism
  • Lack of minority staff members
  • Cultural insensitive attitudes of workers

17
NABSW - 1994
  • Priority should be given to preserving families
    through the reunification or adoption of children
    with/by biological relatives.
  • If that should fail, secondary priority should be
    given to the placement of a child within his own
    race.

18
NABSW - 1994
  • Transracial adoption of an African American child
    should only be considered after documented
    evidence of unsuccessful same race placements has
    been reviewed and supported by appropriate
    representatives of the African American
    community.
  • Under no circumstances should successful same
    race placements be impeded by obvious barriers
    (legal limits of states, state boundaries, fees,
    surrogate payments, intrusive applications,
    inadequate staffing patterns, etc.).

19
Child Welfare League of America(1994)
  • The majority of African American and Latino
    school-age children can be placed within African
    American and Latino communities. If this cant
    happen, an agency should find an appropriate
    transracial adoptive family for any waiting child
    if such a family can be found.

20
In 1994
  • 60,000 children had goal of adoption
  • 54 were African American
  • Most over six
  • African American children, regardless of age at
    entry wait longer than white children.
  • It was assumed that this may be due to same race
    matching policies

21
Assumptions of MEPA
  • Children of color remain in foster care for long
    periods due to race-matching policies.
  • Minority communities do not adopt or do not adopt
    at sufficient rates to respond to needs of
    children of color in foster care.
  • Large numbers of white families would readily
    adopt children of color in foster care if race
    matching policies were eliminated.

22
The Multiethnic Placement Act(1994)
  • prohibits any foster care of adoption agency or
    entity that receives federal financial assistance
    from denying a placement solely on the basis of
    race, but allows for the consideration of
    culture, ethnic, or racial background of the
    child and the capacity of the foster parents to
    meet the needs of a child of this background.
  • Act requires that agencies engage in diligent
    recruitment efforts of potential foster and
    adoptive parents who reflect the racial and
    ethnic diversity of children needing placement.

23
IEPA - 1996
  • Clarified discrimination is not to be tolerated.
    It strengthened the compliance and enforceability
    of penalties including withholding federal funds
    from any entity in violation as well as the right
    of individuals to seek redress within the federal
    court against any agency alleged to be in
    violation of the Act.

24
IEPA also changes original language
  • says childs race, color or national origin
    cannot be routinely considered as a relevant
    factor in assessing the childs best interest,
    nor can workers assume that needs based on race,
    color or national origin can only be met by a
    racially or ethnically matched parent.

25
IEPA
  • Did NOT change the provision in MEPA that
    required diligent recruitment of families who
    reflect childrens racial and ethnic backgrounds.
  • Imposed financial penalties on states that
    violated IEPA by using race, color, or national
    origin in making placement decisions.

26
Major Provisions of the Law
  • States and agencies that receive federal child
    welfare funding are prohibited from delaying or
    denying a child's foster care or adoptive
    placement on the basis of the child's or the
    prospective adoptive parent's race, color, or
    national This section does not prevent or limit
    the department's recruitment of minority families
    as foster care families, but the recruitment of
    minority families may not be a reason to delay
    placement of a child in foster care with an
    available family of a  race or ethnicity
    different  from that of the child.

27
Examples of Delaying or Denying Placements
  • AA children remain in emergency shelter even
    though white foster home with capacity and
    license is available.
  • Foster parent applicants are discouraged from
    applying because they are informed that waiting
    children are of a different race.

28
Example
  • Placement delays and denials when states or
    agencies expend time seeking to honor request of
    birth parents to place children with same race
    foster parents.
  • White childs placement is delayed or child
    placed in group home rather than be placed with
    minority foster family.

29
Recruitment
  • Hollinger (1998) provided guidelines under MEPA
  • MEPA-IEP requires diligent recruitment of
    potential foster and adoptive families that
    reflect the ethnic and racial diversity of the
    children who need homes.
  • Targeted recruitment efforts should be part of a
    comprehensive strategy aimed at reaching all
    segments of the community. Information should be
    disseminated to targeted communities through
    organizations such as churches and neighborhood
    centers.

30
ACF fines Hamilton County and State of Ohio
  • 1999 Compliance review of Hamilton County Dept.
    of Human Services
  • 1.8 Million dollars in November 2003 for blocking
    white families from adopting African American
    children between 1995 and 2000
  • Caseworkers delayed and derailed white parents
    efforts to adopt black children.
  • Office of Civil Rights also objected to state
    regulation that permits race to be a factor in
    placing a child if a licensed psychologist or
    social worker can justify it.

31
2004 report-OCR
  • In the last five years, OCR has initiated more
    than 130 investigations of racial discrimination
    in adoption and foster care. Most led to a
    finding of no violation.

32
Concerns about MEPA
  • Law was intended to eliminate race-based
    discrimination against all families, not to give
    priority to families of a different race than the
    children they may adopt.
  • Emphasis has not been placed on diligently
    recruiting families of color
  • Training cannot be REQUIRED for parents fostering
    or adopting transracially.
  • Resources, including training, should be
    AVAILABLE to foster or adoptive parents

33
State Department Gets Adoptive Family Preparation
Right
  • Adoptalk Spring 2006

34
Hague Regulations
  • Section 96.48 of the new regulations,
    Preparation and training of prospective adoptive
    parent(s) in incoming cases, places an emphasis
    on honestly disclosing key information to
    optimize the chances for successful adoptions
  • Requires 10 hours training on

35
Hague Training Topics
  • long-term implications for families who become
    multi-cultural through intercountry adoption
  • characteristics of children available for
    adoption, and conditions in the country from
    which a prospective parent hopes to adopt
  • the way in which malnutrition, environmental
    toxins, maternal substance abuse, and other risk
    factors can affect children
  • how children may react to being taken from
    familiar surroundings

36
Hague Training Topics
  • how institutionalization affects children
  • attachment disorders and other emotional problems
    that institutionalized children, and children who
    have experienced multiple caregivers, may
    experience before and after adoption
  • information about the adoption process specific
    to the childs country of origin

37
Hague Guiding Principles
  • In addition, to help prospective adoptive parents
    be as fully prepared as possible for the
    adoption of a particular child, those who train
    parents are to counsel them about the childs
    medical, social, developmental, educational, and
    birth history. This counseling includes a focus
    on the childscultural, racial, religious,
    ethnic, and linguistic background.

38
MEPA/IEP Policy Guidance
  • 1998 There should be no routine consideration of
    race, color, or national origin in any part of
    the adoption process.
  • 2003 State child welfare agencies, and the
    entities with which they contract, must ensure
    that they do not take action that deters families
    from pursuing foster care or adoption across
    lines of race, color, or national origin.

39
Hague and MEPA/IEP In Conflict
  • Hague - agencies counsel parents about issues
    related to ethnicity and national origin and what
    it means to be a multicultural family,
  • MEPA/IEPA demands that agencies turn a blind eye
    to such considerations. If two home studied
    families who are equally able to parent a
    childone who shares the childs race or
    ethnicity, and one who doesntthe agency cannot
    consider race in choosing one over the other.

40
NACAC Position
  • NACAC believes that every child should be placed
    with a family who recognizes preservation of the
    childs ethnic and cultural heritage as an
    inherent right. Therefore, education regarding
    ethnic and cultural heritage must be a local and
    federal priority.
  • When transracial or multi-ethnic placements are
    made, full appreciation and consideration should
    be given to the childs need for close
    identification and interaction with his/her
    culture of origin.

41
Comparison
  • Authority Hague MEPA/IEP
  • Legislation Yes Yes
  • Regulations Yes Penalties
  • Policy Yes

42
Children Awaiting Adoption (Sept.30,2005)
  • 114,000 children awaiting adoption
  • 40 White
  • 36 African American
  • 15 Hispanic
  • 3 Unknown/unable to determine
  • 4 Two or More-Non-Hispanic
  • 2 American Indian/Alaskan Native
  • 0 Asian/Non Hispanic

43
Children Awaiting Adoption
  • Removed at 5.1 (mean)
  • In care for avg. of 43.8 months
  • Current mean age 8.6
  • 53 males
  • 24,220 in continuous foster care from 36-59
    months
  • 24,395 in continuous foster care for 60 or more
    months

44
Relationship of Adopters to child
  • Non-relative 15
  • Foster Parent 60
  • Other relative 25

45
51,000 children placed for adoption in 2005
  • 43 White
  • 30 AA
  • 18 Hispanic
  • 2 AI, Asian
  • 40 of adoptions of AA children between 9 and 17
    are by relatives

46
Adoption Placement Options
  • With relatives
  • With foster parents
  • General adopters
  • Inracial Placements
  • Transracial Placements

47
Impact of MEPA
  • No meaningful impact on number of white families
    adopting older children of color in foster care.
  • Has impacted adoption of younger AA children

48
Length of time in care has not changed.
  • Since 1998, length of time that black children
    remain in care (42.1 months in 2000) has been
    consistently significantly higher than the length
    of stay for white children (28 months in 2001).

49
Whos adopting OLDER African American children?
  • Older African American children are more than
    three times as likely to be adopted by a single
    female than are older white children (61 versus
    18)
  • Half of the adoptive mothers of AA children
    adopted from foster care are 50 years or older

50
What is Needed
  • Services that support family preservation and
    reunification
  • Diligent recruitment of families who reflect
    children needing placement
  • Placement of children in their own families and
    communities if possible
  • Foster and adoptive families of color

51
Training Resources
  • National Resource Center for Adoption
  • New Adoption Competency Curriculum which includes
    MEPA Training materials
  • Spaulding Training
  • NACAC Training
  • Published list of 24 AA adoption agencies plus
    recruitment tips

52
Strategies for Changing MEPA/IEP
  • Collaboration between NACAC, CWLA, BACW, Adoption
    Institute
  • Congressional Black Caucus
Write a Comment
User Comments (0)
About PowerShow.com