Adoption and Safe Families Act of 1997 (ASFA): Child Safety First, and the 15-of-22-Months Rule
The Adoption and Safe Families Act of 1997 (ASFA) is federal law, enacted November 19, 1997, as Public Law 105-89. It made the child's health and safety the paramount concern in reasonable efforts, listed cases where reasonable efforts to reunify are not required, and generally required states to seek termination of parental rights after a child has been in foster care 15 of the most recent 22 months, with exceptions.
This bill is law. It took effect November 19, 1997, the date it was enacted, except where the Act set other dates Public Law 105-89, 111 Stat. 2115 (1997).
The short answer
The Adoption and Safe Families Act of 1997, or ASFA, changed the federal foster care rules that come with federal funding Public Law 105-89, 111 Stat. 2115 (1997). It made the child's health and safety "the paramount concern" when deciding on and making reasonable efforts Public Law 105-89, 111 Stat. 2115 (1997). It listed situations where efforts to reunify a family are not required. It also generally requires a state to seek termination of parental rights once a child has been in foster care for 15 of the most recent 22 months, unless an exception applies Public Law 105-89, 111 Stat. 2115 (1997).
Congress.gov lists the bill's final action as "Became Public Law No: 105-89" Congress.gov, H.R. 867 (105th Congress), bill record. The Act was approved November 19, 1997 Public Law 105-89, 111 Stat. 2115 (1997).
What it changes
Reasonable efforts, rewritten. ASFA rewrote section 471(a)(15) of the Social Security Act, the reasonable-efforts paragraph Public Law 105-89, 111 Stat. 2115 (1997). That paragraph was first added by a 1980 law Public Law 96-272, 94 Stat. 500 (1980). Under the new text:
- the child's health and safety are the paramount concern Public Law 105-89, 111 Stat. 2115 (1997);
- reasonable efforts must still be made to preserve and reunify families, except as listed below Public Law 105-89, 111 Stat. 2115 (1997), including efforts to make it possible for the child to safely return home Public Law 105-89, 111 Stat. 2115 (1997); and
- efforts toward adoption or legal guardianship may happen at the same time as reunification efforts. This is often called concurrent planning Public Law 105-89, 111 Stat. 2115 (1997).
When reunification efforts are not required. Those efforts are not required for a parent if a court has made certain findings Public Law 105-89, 111 Stat. 2115 (1997). Examples include:
- the parent subjected the child to aggravated circumstances, as defined by state law, which may include abandonment, torture, chronic abuse, and sexual abuse Public Law 105-89, 111 Stat. 2115 (1997);
- the parent committed a felony assault resulting in serious bodily injury to the child or another child of the parent Public Law 105-89, 111 Stat. 2115 (1997); or
- the parent's rights to a sibling were terminated involuntarily Public Law 105-89, 111 Stat. 2115 (1997).
When a court makes such a finding, a permanency hearing must be held within 30 days Public Law 105-89, 111 Stat. 2115 (1997). ASFA also says state courts may still use their discretion to protect children's health and safety in individual cases Public Law 105-89, 111 Stat. 2115 (1997).
The 15-of-22-months rule. For a child in state foster care for 15 of the most recent 22 months Public Law 105-89, 111 Stat. 2115 (1997), the state must file a petition to terminate parental rights, or join one Public Law 105-89, 111 Stat. 2115 (1997). At the same time, it must work to identify and approve an adoptive family Public Law 105-89, 111 Stat. 2115 (1997). The state does not have to file if:
- at the state's option, a relative is caring for the child Public Law 105-89, 111 Stat. 2115 (1997);
- the agency has documented in the case plan a compelling reason that filing would not be in the child's best interests Public Law 105-89, 111 Stat. 2115 (1997); or
- the state has not provided the services it considers necessary for the child's safe return, where reunification efforts are required Public Law 105-89, 111 Stat. 2115 (1997).
A child counts as having entered foster care on the earlier of the first court finding of abuse or neglect or 60 days after removal Public Law 105-89, 111 Stat. 2115 (1997).
Other changes. According to the Congressional Research Service, ASFA turned the annual dispositional hearing into an annual permanency planning hearing Congress.gov, Congressional Research Service summaries of H.R. 867 (105th Congress). It required criminal records checks for prospective foster and adoptive parents Congress.gov, Congressional Research Service summaries of H.R. 867 (105th Congress), and it created adoption incentive grants Congress.gov, Congressional Research Service summaries of H.R. 867 (105th Congress). A state that needed new legislation to comply got until after its next regular legislative session Public Law 105-89, 111 Stat. 2115 (1997).
How it relates to Texas
Texas law names DFPS as the state agency that cooperates with the federal government on programs under Parts B and E of Title IV of the Social Security Act Tex. Hum. Res. Code §40.002. DFPS must cooperate with federal agencies "to the extent necessary to qualify for federal assistance in the delivery of services" Tex. Hum. Res. Code §40.002.
Texas also has its own aggravated-circumstances rule. If a Texas court finds that a parent subjected the child to aggravated circumstances, it may waive the service plan and the requirement to make reasonable efforts to return the child to that parent Tex. Fam. Code §262.2015. One Texas ground is a conviction for a felony assault that seriously injured the child or another child of the parent Tex. Fam. Code §262.2015. After such a finding, the court must hold an initial permanency hearing before the 30th day Tex. Fam. Code §262.2015. If DFPS asks the court for this kind of finding, you can ask a lawyer what it means for your case. See Your Right to a Lawyer in a Texas CPS Case.
Which laws it affects
- Section 471(a)(15) of the Social Security Act, at 42 U.S.C. 671(a)(15) Public Law 105-89, 111 Stat. 2115 (1997).
- Section 475(5) of the Social Security Act (case review, permanency hearings, and termination petitions) Public Law 105-89, 111 Stat. 2115 (1997).
- In Texas, Human Resources Code §40.002 Tex. Hum. Res. Code §40.002; Texas's own waiver rule is Family Code §262.2015 Tex. Fam. Code §262.2015.
Related
- Adoption Assistance and Child Welfare Act of 1980: Where the Federal "Reasonable Efforts" Rule Began
- Family First Prevention Services Act (2018): Federal Money for Prevention Services and Limits on Group Care
- Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
- Your Right to a Lawyer in a Texas CPS Case
- Santosky v. Kramer (1982): The Proof Needed to End Parental Rights
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Sources
- Congress.gov, H.R. 867 (105th Congress), bill record checked 2026-10-02
- Congress.gov, Congressional Research Service summaries of H.R. 867 (105th Congress) checked 2026-10-02
- Public Law 105-89, 111 Stat. 2115 (1997) checked 2026-10-02
- Tex. Hum. Res. Code §40.002 checked 2026-10-02
- Tex. Fam. Code §262.2015 checked 2026-10-02
- Public Law 96-272, 94 Stat. 500 (1980) checked 2026-10-02
Every legal statement on this page was checked word for word against the official sources above on 2026-10-02. Not yet reviewed by an attorney. Legal information, not legal advice.