Title: Protecting Children of Color: A Case for Changing MEPAIEP
1Protecting Children of Color A Case for Changing
MEPA/IEP
- Joe Kroll, NACAC Executive Director
- Ruth G. McRoy, NACAC Board Member
2Overview of Presentation
- Background and history of transracial adoption
controversy - Race and Ethics in adoption
- MEPA/IEP vs Hague Regulations
- Strategies for Changing MEPA
3For 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?
4TRANSRACIAL 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
5Factors Influencing Transracial Adoptions
- Declining number of White infants available for
adoption - Changes in ideal adoptable child
- Policy changes in Matching Philosophy
- NABSW Position Statement
6Shortage of White infants
- Decline in number of women choosing adoption
- Availability of abortion and birth control
- Increased social acceptability of unwed parenthood
7Children Born to Unmarried Mothers
- Mid 60s37 relinquished
- Late 80s3 relinquished
- Now2
8Agency 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
9NABSW 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.
10Indian Opposition to Transracial Adoptions
- Between 1969-1974 80 of American Indian
adoptions were transracial placements. - Indian Child Welfare Act 1978
11ICWA
- 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.
12ICWA
- 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
13Led to greater opposition to transracial
placement of Black children
14Factors 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
151989Reese Williams dies in same race adoptive
home
- Senator Metzenbaum first discusses legislation
that would prohibit placements based on race
matching.
16NACAC 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
17NABSW - 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.
18NABSW - 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.).
19Child 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.
20In 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
21Assumptions 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.
22The 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.
23IEPA - 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.
24IEPA 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.
25IEPA
- 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.
27Examples 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.
28Example
- 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.
29Recruitment
- 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.
30ACF 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.
312004 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.
32Concerns 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
33State Department Gets Adoptive Family Preparation
Right
34Hague 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
35Hague 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
36Hague 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
37Hague 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.
38MEPA/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.
39Hague 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.
40NACAC 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.
41Comparison
- Authority Hague MEPA/IEP
- Legislation Yes Yes
- Regulations Yes Penalties
- Policy Yes
42Children 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
43Children 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
44Relationship of Adopters to child
- Non-relative 15
- Foster Parent 60
- Other relative 25
4551,000 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
46Adoption Placement Options
- With relatives
- With foster parents
- General adopters
- Inracial Placements
- Transracial Placements
47Impact 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
48Length 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).
49Whos 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
50What 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
51Training 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
52Strategies for Changing MEPA/IEP
- Collaboration between NACAC, CWLA, BACW, Adoption
Institute - Congressional Black Caucus