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Home > Out-of-Home Care > Casework Practice in Out-of-Home Care > Legal Issues in Out-of-Home Care > State Laws Related to Out-of-Home Care
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
A case plan is a written document that may be prepared when a child becomes involved with a State child welfare agency. This fact sheet provides information on when case plans are required, who may participate in the process, and describes the general contents of a case plan. Case plans typically include goals and objectives that the parents must meet in order to achieve a safe home for the child and timeframes for achieving those goals.
Court Hearings for the Permanent Placement of Children
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.
Determining the Best Interests of the Child
Whenever a court must make a determination as to the custody and/or placement of a child, or must decide on a petition for termination of parental rights, the court must weigh whether that decision will be in the best interests of the child. All States and Territories require that the child's best interests be considered whevever such decisions regarding a child's placement are made. This resource provides the factors that may be considered by the court when making a best interests detemination.
Placement of Children With Relatives
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.
Online Resources for State Child Welfare Law and Policy
Provides links to websites where State statutes and regulations can be accessed and lists the parts of each State and territory's code that contain laws addressing child protection, child welfare, and adoption.
State Child Welfare Legislation 2006 (PDF - 225 KB)
National Conference of State Legislatures (2007)
Documents significant State legislation enacted during calendar year 2006, 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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