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State Laws Related to Out-of-Home Care
Resources and information, including summaries of State laws, relevant to out-of-home care practice.
| Case Planning for Families Involved with Child Welfare Agencies | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 476KB) |
| Year Published: | 2011 - 67 pages |
| Presents a review of statutes and administrative codes that shows that States are using a variety of approaches to address the issue of case planning in child welfare. States generally require a case plan when a child is placed in out-of-home care or when a child and his or her family are receiving any kind of in-home services to prevent placement. Topics covered include requirements for when a case plan is needed, participants in case planning, and contents of plans. The laws presented are current through December 2010. | |
| 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 ... | |
| Determining the Best Interests of the Child: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 282KB) |
| Year Published: | 2010 - 30 pages |
| Reviews factors concerning the child and the child's family that must be considered by the court when determining the best placement for a child. | |
| Placement of Children With Relatives | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 350KB) |
| Year Published: | 2010 - 55 pages |
| This publication summarizes State laws and statutes regarding placement of children with relatives when they are removed from their home and enter foster care. In order for States to receive Federal payments for foster care and adoption assistance, Federal law requires that they "consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child, provided that the relative caregiver meets all relevant State child protection standards." Most States give preference or priority to relative placements in their statutes. This publication discusses definitions of "relative," financial support for relative placement, and adoption by relatives. Summaries ... | |
| 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. | |
State Child Welfare Legislation 2007-2008 (PDF - 465 KB)
National Conference of State Legislatures (2009)
Documents significant State legislation enacted during calendar year 2007 and 2008, such as new laws to expedite permanency for foster children, support foster parents and kinship caregivers, and assist youth who are aging out of care.
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