The meanings of permanence: A critical analysis of the Adoption and Safe Families Act of 1997

In 1997, Congress passed the Adoption and Safe Families Act. The Act amends Titles IV-B and IV-E of the Social Security Act, which govern slates' fede rally funded child-protective efforts. Under the terms of the Act, states m ust conduct a permanency hearing within twelve months after a child enters foster care to determine whether the child will be returned to the family o f origin or be "freed" for adoption. In this Essay, Professor Adler argues that this requirement forces courts and state decision-makers to choose bet ween two stark alternatives-termination of parental rights and family reuni fication-and reflects a limited vision of the ideal family, to which only o riginal and adoptive families conform. Professor Adler argues that this, pe rvasive "ideology of the ideal family " is a pillar of American legal consc iousness that throughout the history of American child welfare policy has s idelined nonconforming approaches and profoundly and detrimentally affected the lives of faster children. She brings to the foreground a pattern of le gal consciousness and proposes that lawmakers embrace a wider array of perm issible family structures to make room for a broader range of possible outc omes.