NEW YORK — Several leading child welfare groups Tuesday urged an overhaul of federal laws dealing with transracial adoption, arguing that black children in foster care are ill-served by a "colorblind" approach meant to encourage their adoption by white families.
Recommendations for major changes in the much-debated policy were outlined in a report by the Evan B. Donaldson Adoption Institute.
"Color consciousness — not 'color blindness' — should help to shape policy development," the report said.
Groups endorsing its proposals included the North American Council on Adoptable Children, the Child Welfare League of America, the Dave Thomas Foundation for Adoption and the National Association of Black Social Workers.
At issue is the 1994 Multi-Ethnic Placement Act — and revisions made to it in 1996 — governing the adoption of children from foster care.
More minority parents needed?
One part of the law directs state agencies to recruit more adoptive parents of the same race as the children. The new report says this provision hasn't been adequately enforced and calls for better funded efforts to recruit minority parents.
The more contentious part of the legislation prohibits race from being taken into consideration in most decisions about adoption from foster care. For example, white parents seeking to adopt a black child cannot be required to undergo race-oriented training that differs in any way from training that all prospective adoptive parents receive.
A key recommendation in the new report calls for amending the law so race could be considered as a factor in selecting parents for children from foster care. The change also would allow race-oriented pre-adoption training,
"We tried to assess what was working and what wasn't, and came to the conclusion that preparing parents who adopt transracially benefits everyone, especially the children," said Adam Pertman, the Donaldson Institute's executive director.
"The view that we can be colorblind is a wonderful, idealistic perspective, but we don't live there," Pertman said. "If we want to do the best for the kids, we have to look at their realities."
High number of black children
At the heart of the debate is the fact that the foster care system has a disproportionately high number of black children, and on average they languish there nine months longer than white children before moving to permanent homes. The latest federal figures showed 32 percent of the 510,000 children in foster care were black in 2006, compared to 15 percent of all U.S. children.
Of the black children adopted out of foster care, about 20 percent are adopted by white families. The Donaldson report said current federal law, by stressing color blindness, deters child welfare agencies from assessing families' readiness to adopt transracially or preparing them for the distinctive challenges they might face.
"There is a higher rate of problems in minority foster children adopted transracially than in-race," said the report. "All children deserve to be raised in families that respect their cultural heritage."
Pertman stressed that his institute and its allies were not opposed to transracial adoption.
"We want to see more kids in foster care get permanent homes, and we want to see the parents who raise those children be prepared to do so," he said.
Professor Elizabeth Bartholet, who directs the Child Advocacy Program at Harvard Law School, believes the concept of striving for color blindness is sound. She foresees problems if race once again becomes a key determinant.
"Giving social workers the chance to do that produced very rigid race matching," she said, referring to pre-1994 policies. "That's one of the reasons to say race can't be used at all — there's no other way to be sure it doesn't become the overwhelming factor."
Current policy allows standardized pre-adoption training, but wisely prohibits specific screening for parents seeking to adopt transracially, Bartholet said.
"What cannot be done is have a pass/fail test that turns on whether you give the politically correct answers," she said. "If social workers are allowed to use training to determine who can adopt, there's lots of experience showing they abuse that power."
She also questioned whether attempts to boost minority recruitment would succeed.
"Black people are significantly poorer than white people and less likely to be in a position to come forward," Bartholet said. "Recruitment efforts bump up against that fact."
The Donaldson recommendations were embraced as "long overdue" by Michelle Johnson, a black woman raised by white adoptive parents near Minneapolis. Johnson now works on child-welfare matters for the court system there.
Her parents "were not the norm," she said. "They were exceptional in what they did for me... They were very humble in what they didn't know. There was lots of communication."
Too many white adoptive parents, she said, underestimate the enduring presence of racism in America and don't get training that would help them raise a black child.
"As a social worker who used to place children, I know very few families are ready to do this," Johnson said. "When families fail to realize they need assistance, it's dangerous."
Regarding recruitment, Johnson said child welfare agencies should strive to find permanent homes for black children among their extended families before placing them in foster care.
John Mould and Margaret Geiger, an Ambler, Pa., couple, have two white biological children and five black adopted children, now aged 15 to 23. Mould said transracial adoption is unquestionably challenging, but he worries about any changes that might make training and screening requirements too rigid.
'So many kids who need homes'
"There are so many kids who need homes," Mould said. "The idea of trying to find the perfect matches — you're not going to find them."
His adopted children have encountered some difficulties over the years, Mould said, but he believes they've developed resiliency and maturity as a result.
His youngest son, Eric Jones, 15, said the family's makeup sometimes complicates his life, but he's convinced that transracial adoption can succeed.
"White or black doesn't matter," he said. "What counts is whether the parents are ready to take responsibility."
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