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How Federal Legislation Impacts Child Welfare Service Delivery
Factsheet

Author(s):  Child Welfare Information Gateway

Year Published:  2009

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This factsheet provides an overview of the process by which legislative actions and policy changes at the Federal level impact State and Tribal child welfare systems and service delivery. Links to pertinent resources are provided for each step of the process. The steps in the process described in this document do not always occur in the same sequence listed here.

Step 2: The Children's Bureau provides guidance in response to Federal legislative mandates.

The Children's Bureau reviews the new legislation and its legislative history (as published in the Congressional Record) to determine what actions are required to advise States, Tribes, and Territories about the new statutory provisions/requirements. After review, the Children's Bureau summarizes the new law in the form of an Information Memorandum or Program Instruction for States and Tribes. Policies related to the new law are developed in the form of topical Questions and Answers and published in the Child Welfare Policy Manual (CWPM). Proposed regulations specific to implementing legislation are published in the Federal Register, and the public is invited to provide comment. A final regulation that takes these comments into consideration is then published as a final rule in the Federal Register and codified in the Code of Federal Regulations.

Guidance related to new laws is disseminated to the States through a variety of means, including the following:

• Information Memoranda (IMs) are distributed to notify States of new legislation and matters related to program activities and priorities.
• Program Instructions (PIs) are utilized to clarify and explain procedures and methods to operationalize program policies, add details to program regulations or policy guide requirements, and to convey program guidance information on required actions.
• The Child Welfare Policy Manual (CWPM) conveys mandatory policies that have their basis in Federal law and/or program regulations.

For more information:

• Code of Federal Regulations (CFR)
  National Archives and Records Administration (NARA)
  Codifies the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
• Federal Register
  National Archives and Records Administration (NARA)
  The official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.
• Laws and Policies
  Children's Bureau
  Includes publications and resources on Federal laws, policies, and specific sections of regulation (as published in the Code of Federal Regulations) related to child abuse and neglect, child welfare, foster care, and adoption.
• Laws and Policies
  Child Welfare Information Gateway
  Provides publications and resources related to State and Federal civil laws on child abuse and neglect, child welfare, foster care, and adoption.
• RegMap
  General Services Administration
  Provides an overview of the rulemaking process, from the initiating event through the publication of the final rule.

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Updated on October 9, 2009