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The Adoption and Safe Families Act (ASFA) which is a Federal mandate requires that if a child is in Care 16 of 22 consecutive months that an Adoption Plan has to be started....
However, this does NOT mean that the caseplan has to be just for adoption....It can mean that at the same time the birthfamily is working on a caseplan the state is required to START the permanacy planning.
It is required that the State also do a relative placement search which does mean that family members of the child have to be given the opportunity to adopt a child in care. Before the state can place a child for adoption they must show that no relatives are interested--or that the interested relatives are not able to pass a relative homestudy.... A child cannot be placed for an adoption until the state has proven there is not a fit family member.....
If there is not a fit family member then the next family considered would be the Foster Family who has cared for the child.
The fact that your foster childs caseplan is still working with the biologicl family is normal. The state will do what is called concurrant planning where they work with the biological family at the same time as putting together an adoption plan. This is actually the typical way things are done....
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