The Adoption and Safe Families Act is not worth saving: The case for repeal.

The controlling federal family regulation law, the Adoption and Safe Families Act of 1997 ("ASFA"), has long been criticized for unnecessarily terminating the rights of parents and leaving thousands of children in its wake without legal parents or any prospect for adoption. Critics highlight the irreparable destruction ASFA has caused the Black community, and many suggest that this result is by design, not disproportionate impact. As a result, a growing movement of impacted parents, advocates, and scholars have called for ASFA's total repeal. This article draws on the work of these parents, advocates, and scholars to argue that a law whose foundation is built on inherently prejudicial policies cannot be repaired; it must be dismantled in its entirety. Dismantling is necessary not only for practical legal reasons, but also because of the symbolic importance of repeal to those most impacted by the law and its attendant policies. Laws have expressive value, and as such, the repeal of harmful laws demonstrates our priorities, our beliefs and who we are as a society. This article examines previous attempts at reform to demonstrate that any attempt to amend ASFA would be insufficient to address its fundamental flaws. Finally, the article concludes by proposing a path forward that is led by impacted families, respects the right to family integrity and recognizes the importance of supporting and investing in communities. Key points for the family court community: The Adoption and Safe Families Act is built on a foundation of inherently prejudicial policies.ASFA's structure also undermines efforts to keep families together.A growing community of impacted people, activists, advocates and scholars believe that ASFA should be repealed becuase of its destructive impact on low‐income parents and communities of color.Other efforts at reform have only increased the abilty of the state to surveil and punish.Laws have expressive value and many believe that repealing a harmful law is crucial to healing communities that have been harmed.To truly begin to atone for the harms of the past, we must envision a path forward that shifts power, invests in the community and is completely transforms our approach to "child welfare."Impacted parents must lead the effort towards change and allies and advocates should listen, learn, act with humility and support. [ABSTRACT FROM AUTHOR]