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Legal and court issues regarding interjurisdictional placements
Listed here are resources for State and Federal civil laws and the role of the courts in the placement of children across State and county lines, including State and local examples.
Safe and Timely Interstate Placement of Foster Children Act of 2006: Public Law 109-239: H.R. 5403
U.S. Congress
Index of Federal Child Welfare Laws (2006)
View Abstract
Explains that each State plan for foster care and adoption assistance requires that the State has procedures for orderly and timely interstate placement of children, completes home studies requested by another State within a specified period, and accepts home studies received from another State.
State Statutes Search
Child Welfare Information Gateway
Offers up-to-date access to State statutes for a variety of child welfare issues such as abuse and neglect and adoption.
Federal Legislative Support for Interjurisdictional Placements
U.S. Department of Health and Human Services, Children's Bureau (2006)
In A Report to Congress on Interjurisdictional Adoption of Children in Foster Care
Outlines Federal laws relevant to permanency planning and interjurisdictional placements of children in foster care. Federal laws regarding adoption assistance, foster care, and other child welfare programs establish parameters within which State laws must function as a condition for receiving Federal funds.
Comparison of Uniform Laws and Interstate Compacts (PDF - 115 KB)
American Public Human Services Association (2004)
Explains that uniform acts do not constitute a contract between States even when adopted by all States in the same form and, unlike contracts, are not binding or enforceable against the States.
Let's Talk About It! Facilitating Interjurisdictional Adoption Through Mediation
Johnson-Shelton, Quash-Mah, Lake, & McCartney
Bridges (2005)
View Abstract
Profiles the Implementation of Collaborative Planning to Increase Interjurisdictional Adoptions, a project that created a system of facilitation and effective problem-solving between States based on differences in State policy and practice. The article explains procedures for interjurisdictional adoption.
National Center for State Courts: Knowledge and Information Services
Provides a gateway to a variety of resources related to courts.
State and local examples
Pennsylvania Judicial Deskbook: A Guide to Statutes, Judicial Decisions and Recommended Practices for Cases Involving Dependent Children in Pennsylvania (PDF - 1238 KB)
Judicial Law Center (2004) (4th edition)
Provides the courts and judicial officers with statutory mandates and case law pertinent to child welfare law and guidelines for the conduct of hearings at various stages of dependency proceedings. The deskbook also examines the meaning of permanency, including reunification, termination of parental rights, and adoption and adoption subsidies.