The second provision requires states to file a TPR with the courts if (1) an infant has been abandoned; (2) the parent committed any of the felonies listed in the fast track provision; or (3) the child has been in foster care for 15 of the most recent 22 months. ASFA also contained other provisions to help states focus on the length of time children were remaining in care. Projects generally are to last no more than 5 years. Limited Data are Available to Measure Changes in the Outcomes and Characteristics of Children Since ASFA

The number of annual adoptions has increased since the implementation of ASFA; however, data limitations restrict comparative analysis of other outcomes and characteristics of children in foster care. The amount of time children spend in foster care varies from state to state. Although Little Data are Available on Key ASFA Permanency Provisions, Some States Describe Circumstances That Limit Broader Use of These Provisions

While few states were able to provide data on the numbers of children affected by ASFA’s fast track and 15 of 22 provisions, some reported on circumstances that make it difficult to use these provisions for more children. Officials in Massachusetts expressed similar concerns about court delays experienced in the state when parents appeal a court decision to terminate their parental rights. New ASFA Adoption- Related Funds Most Commonly Used to Recruit Adoptive Families and Provide Post Adoption Services

States reported in our survey that they most commonly used their adoption incentive payments and PSSF adoption promotion and support services funds to recruit adoptive parents and to provide post adoption services. Both independently and through demonstration waivers approved by HHS,states are using a variety of practices to address barriers relating to the courts, recruiting adoptive families for children with special needs, placing children in permanent homes in other jurisdictions, and the availability of needed services. In addition to the activities described above, some demonstration waivers are testing different approaches to finding permanent homes for children in foster care. Foster Care: States’ Early Experiences Implementing the Adoption and Safe Families Act. Permanency Hearings for Foster Children.
What GAO Found

In response to concerns about the length of time children were spending in foster care, Congress enacted the Adoption and Safe Families Act of 1997 (ASFA). The act contained two key provisions intended to help states more quickly move the more than 800,000 children estimated to be in foster care each year to safe and permanent homes. One of these provisions, referred to as "fast track," allows states to bypass efforts to reunify families in certain egregious situations. The other provision, informally called "15 of 22," requires states to file a petition to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months. Although the number of adoptions has increased by 57 percent since the act was enacted, changes in other foster care outcomes and the characteristics of children in foster care cannot be identified due to the lack of comparable pre- and post-ASFA data. Although data on states' use of the act's two key performance provisions are limited, some states described circumstances that hinder their use. Survey data suggest that a few states used the fast track provision infrequently. In general, states are most frequently using the new adoption-related funds provided by the act to recruit adoptive parents and provide post adoption services. The states involved in the survey are addressing long-standing barriers to achieving permanency for foster children such as court delays and insufficient court resources, difficulties in recruiting adoptive families for children with special needs, obstacles and delays in placing children in permanent homes in other jurisdictions, and poor access to some services families need to reunify with their children. States are testing different approaches, but the data are limited on the effectiveness of these practices.