The Adoption and Safe Families Act (ASFA) requires the court to make the initial reasonable efforts determination (reasonable efforts to prevent removal) within 60 days of removal, or to make a finding that an emergency at the time of removal made services to prevent removal impractical. Further, the majority of states, whether by statute or practice, make this finding much earlier than 60 days, usually within a few days of filing the petition. Similarly, the “contrary to the welfare” finding must be made even earlier in the case, as part of the first court order authorizing removal. The timing of these findings means the court often has insufficient information at early stages to make a well-informed decision.

Regardless of when original reasonable efforts and “contrary to the welfare” findings are made, the court must revisit the child’s safety once complete information is gathered and analyzed. While an emergency may have existed at removal, later the child may be safe at home, with an in-home safety plan.

While federal law doesn’t require a subsequent reasonable efforts finding (to finalize the permanency plan) until 12 months after foster care entry, the court can rule on reasonable efforts to reunify earlier. Once the agency has gathered sufficient information on the six safety-related questions (see Module 1), the court should reconsider whether the child can be safely returned home. Indeed, the court may look again at whether a safety plan can be put in place to return the child at any point in the case. If the agency fails to obtain this safety-related information, thus jeopardizing the child’s chances of returning home in a timely manner, the court may find the agency failed to make reasonable efforts to finalize the reunification plan. The court should direct the agency to collect and provide additional information for an informed decision concerning the child’s safety, and make a follow-up decision based on full information.

Parties cannot remedy a failure to comply with the reasonable efforts requirement to prevent removal. Failure to comply renders the child ineligible to receive Title IV-E funds.

Parties can remedy a failure to comply with the reasonable efforts requirement to reunify by making reasonable efforts and the court finds that reasonable efforts are being delivered, thereby reinstating IV-E eligibility.