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State Laws Related to Foster Care Adoption
State laws provide the legal foundation for most activities involved in adopting children from foster care. The following resources include summaries of many State laws and other resources. Resources include selected summaries of State laws.
Adoption Assistance by State
American Public Human Services Association
Provides regulation and policy in answer to the 13 most commonly asked questions about adoption assistance.
Adoption Resource Guide
National Council of State Legislatures
Publications and links to resources on a wide array of adoption-related issues.
National Center for Adoption Law and Policy
Seeks to improve the law, policies, and practices associated with child protection and adoption systems.
| Online Resources for State Child Welfare Law and Policy | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 354KB) |
| Year Published: | 2011 - 27 pages |
| Provides web addresses for State statutes accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, and child welfare. It also provides web addresses for States' regulation and policy sites, State court rules, and other judicial resources. Resources for all States and U.S. territories are included. | |
Selected summaries of State laws
| Collection of Family Information About Adoptees and Their Birth Families: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 412KB) |
| Year Published: | 2009 - 49 pages |
| Provides an overview of the kinds of information about adoptees and their birth relatives that may be collected and shared with adopting parents. | |
| Concurrent Planning for Permanency for Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 298KB) |
| Year Published: | 2009 - 16 pages |
| Reviews State laws that permit an agency to plan for another permanent placement for a child at the same time efforts are made to reunify the child with his or her family of origin. Full-text excerpts of laws for all States, the District of Columbia, Puerto Rico, and U.S. territories are included. | |
| Consent to Adoption | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 590KB) |
| Year Published: | 2010 - 95 pages |
| Reviews State laws that specify the persons who must consent to a child's adoption, timeframes for consent, and guidelines for revocation of consent. Summaries of laws for all States and US territories are included. | |
| Court Hearings for the Permanent Placement of Children: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 528KB) |
| Year Published: | 2009 - 65 pages |
| Court hearings are used to review the status and determine the permanent placement of children who have been placed in out-of-home care, including foster care. The Adoption and Safe Families Act (ASFA) of 1997 (P.L. 105-89) amended title IV-E of the Social Security Act in an effort to provide added safety and permanency for children in foster placement. ASFA placed an emphasis on expediting and improving planning and decision-making for the permanent placement of children in the child welfare system. ASFA (42 U.S.C. 675(5)(B)) requires that the status of each child in foster care be reviewed at least once every ... | |
| Grounds for Involuntary Termination of Parental Rights | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 445KB) |
| Year Published: | 2010 - 62 pages |
| Reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship. Summaries of laws for all States and US territories are included. | |
| Postadoption Contact Agreements Between Birth and Adoptive Families | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 352KB) |
| Year Published: | 2011 - 48 pages |
| Presents State statutes on postadoption contact agreements, which are arrangements that allow contact between a child's adoptive family and members of the child's birth family or other persons with whom the child has an established relationship. Topics covered include States that do and do not have enforceable contract agreements, parties to agreements, the court?s role, and mediation. The laws presented are current through May 2011. | |
| The Rights of Unmarried Fathers | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 626KB) |
| Year Published: | 2010 - 104 pages |
| Reviews the State laws related to unmarried fathers and explains the circumstances in which a man may be presumed to be the father of a child, paternity registries, alternate means for establishing paternity, revocations of claims, and access to information. Summaries of laws for all States and U.S. territories are accessible through the State Statute Search. | |
| Who May Adopt, Be Adopted, or Place a Child for Adoption? : Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 326KB) |
| Year Published: | 2009 - 36 pages |
| This briefing reviews State laws regarding parties to an adoption. Statutes dealing with who may adopt, be adopted, and may place a child for adoption are identified for each State, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S Virgin Islands. | |
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