Multiethnic Placement Act/Interethnic Adoption Provision (MEPA-IEP) 624-05-15-50-15

(Revised 2/10/07 ML #3053)

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Interethnic Adoption Provisions of the Small Business Job Protection Act of 1996, amended the Multiethnic Placement Act of 1994 (MEPA), which prohibits delaying or denying the placement of a child for adoption or foster care on the basis of race, color, or national origin of the adoptive or foster parent, or the child involved.  The language of the 1996 provision is as follows:  

A person or government that is involved in adoption or foster care placements may not –

  1. deny to any individual the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the individual, or of the child involved; or
  2. delay or deny the placement of a child for adoption or into foster care on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved.

 

For purposes of MEPA – IEP, “placement decision” means the decision to place, or to delay or deny the placement of, a child in a foster care or adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement.

 

The purpose of MEPA/IEP is to promote the best interest of children by:

  1. Decreasing the length of time that children wait to be adopted.
  2. Preventing discrimination in the placement of children on the basis of race, color, or national origin; and
  3. Facilitating the identification and recruitment of foster and adoptive families that can meet children’s needs.

 

MEPA/IEP also provides for diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed. The diligent recruitment requirement in no way mitigates the prohibition on denial or delay of placement based on race, color, or national origin.

 

The 1996 changes to MEPA clarified that even where a denial is not based on a categorical consideration, which is prohibited, other actions that delay or deny placements on the basis of race, color, or national origin are prohibited. The changes made in the law removed areas of potential misinterpretation and strengthened enforcement while continuing to emphasize the importance of removing barriers to the placement of children. Any decision to consider the use of race as a necessary element of a placement decision must be based on the best interests of the individual child (good social work practice).

 

In summary, HHS cites focus on four critical elements:

  1. Delays in placement of children who need adoptive or foster homes are not to be tolerated, nor are denials based on any prohibited or otherwise inappropriate consideration;
  2. Discrimination is not to be tolerated, whether it is directed toward adults who wish to serve as foster or adoptive parents, toward children who need safe and appropriate homes, or toward communities or populations which may heretofore have been under-utilized as a resource for placing children;
  3. Active, diligent, and lawful recruitment of potential foster and adoptive parents of all backgrounds is both a legal requirement and an important tool for meeting the demands of good practice; and
  4. The operative standard in foster care or adoptive placements has been and continues to be “the best interests of the child.” Nevertheless, as noted above, any consideration of race, color, or national origin in foster or adoptive placements must be narrowly tailored to advance the child’s best interests and must be made as an individualized determination of each child’s needs and in light of a specific prospective adoptive or foster care parent’s capacity to care for that child.

 

MEPA/IEP compliance is a civil rights issue (Title VI). The Office for Civil Rights receives and investigates complaints related to MEPA-IEP, and conducts independent reviews to test compliance within States.  Administration for Children and Families (ACF) will also conduct reviews focusing on or including MEPA-IEP compliance. Fiscal sanctions will be imposed on states for violations.

 

Entities subject to MEPA-IEP:

MEPA-IEP applies to any state or other entity that receives funds from the federal government and is involved in some aspect of adoptive or foster care placements.

 

ICWA:

MEPA-IEP has no effect on the application of The Indian Child Welfare Act (ICWA).

 

The Indian Child Welfare Act or ICWA promotes the well-being of American Indian children by keeping them connected to their families, tribes, and cultural heritage. It covers tribal children from all American Indian and Alaska Native tribes listed in the Federal Register. ICWA supports Indian tribal authority over their members and the well-being of Indian children and families.

 

Under ICWA, a child is Indian if he or she is a member of a federally recognized tribe or if he or she is eligible for tribal membership and is the biological child of a tribal member.

 

ICWA requires that every effort be made to try and keep families together. If removal is necessary, "active efforts" must be made for reunification. This means that everything possible must be done to help the family resolve the problems that led to placement. If an Indian child is removed and placed in foster care or a pre-adoptive placement, ICWA requires placement to be in the least restrictive, most family-like setting which the child's special needs, if any, may be met. The child shall be placed within reasonable proximity to his or her home and preference shall be given, absent good cause to the contrary, to a placement with:

 

FOSTER CARE PLACEMENT:

  1. A member of the child's extended family.
  2. A foster home licensed, approved, or specified by the tribe.
  3. An American Indian foster home licensed or approved by an authorized non-Indian licensing authority.
  4. An institution approved by a tribe or operated by an American Indian organization that has a program suitable to meet the child's needs.

 

ADOPTION PLACEMENT:

When placing an American Indian child for adoption, preference shall be given, absent good cause to the contrary, to a placement with:

  1. A member of the child's extended family.
  2. Other members of the child's tribe.
  3. Other American Indian family, before placing the child in a non-Indian home.