Under ASFA, how long must a child be in foster care before the termination of parental rights can be pursued?

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Under the Adoption and Safe Families Act (ASFA), the correct time frame for pursuing the termination of parental rights is indeed 15 of 22 months. This legislation emphasizes the importance of timely permanency planning for children in the foster care system. The law stipulates that if a child has been in foster care for 15 out of the past 22 months, states are required to file for termination of parental rights unless there are compelling reasons not to do so.

The intent behind this requirement is to minimize the time a child spends in limbo and to encourage faster adoption processes when returning the child to their biological family is not feasible. This focus on a specific timeframe reinforces the urgency of addressing the needs of children in foster care, ultimately promoting their well-being by aiming to provide stability and a permanent home more quickly.

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