Children & the Law Blog

As noted in the New York Times article De-emphasis on Race in Adoption Is Criticized, the Evan B. Donaldson Adoption Institute has released a report entitled Finding Families for African American Children: The Role of Race & Law in Adoption from Foster Care. The report focuses on the effect of the Multiethnic Placement Act:

Adoption of children from foster care (other than Native Americans) is subject to the Multiethnic Placement Act of 1994 (MEPA), which: 1) prohibits the delay or denial of a child’s foster or adoptive placement solely on the basis of race, color, or national origin; and 2) requires that state agencies make diligent efforts to recruit foster and adoptive parents who represent the racial and ethnic backgrounds of children in foster care. In 1996, MEPA was amended by the Removal of Barriers to Interethnic Adoption Provisions (IEP), which deleted the word “solely” from MEPA’s prohibition against delaying or denying an adoptive placement on the basis of race. IEP prohibits agencies receiving federal funding from considering race in decisions on foster or adoptive placements, except in exceptional circumstances. Noncompliance is a violation of Title VI of the Civil Rights Act, subject to a large fine; individuals claiming discrimination under the Act may file suits in U.S. district courts.

The report concludes that while “MEPA-IEP has not resulted in equity in achieving permanency for African American children awaiting adoption” the “interpretations of MEPA-IEP that have served as the basis for its enforcement run counter to widely accepted best practices in adoption.” Two incidents are cited as contributing to a chilling effect in social workers making any reference to race. “In 2003, social workers in Ohio were accused of discriminating against a white couple by requiring them to prepare a plan to address the child’s cultural needs and to evaluate the racial demographics of their neighborhood. The state paid $1.8 million in fines.” and “In 2005, a social service agency in South Carolina was fined $107,000 after workers used a database to match children to prospective adoptive parents, which the federal government said overemphasized race.”

The report comes as the current federal law and polices governing consideration of race in adoption are being examined by the United States Commission on Civil Rights. It seems certain to add to the often heated debate among social workers and the public about the proper role of race in adoption, which has gone on since white couples began adopting minority children in larger numbers in the 1970s.

Christine M. Calpin, associate commissioner at the Administration for Children and Families at the Department of Health and Human Services, had not seen the report, but she said the law had helped minority children in foster care find permanent homes.

“I have not seen any research which suggests that federal law has not been beneficial to minority children,” Ms. Calpin said. “We have seen what happens when race is allowed to be a consideration. Children are waiting longer in foster care to be adopted.”